Prenuptial Agreement Divorcing someone without a prenuptial agreement increases the likelihood that your estate will be divided differently than you intended, which may be aggravating and complicated. Legal Implications Without a Prenup In states with community property or equitable distribution laws, your Last Will and Testament cannot disinherit a spouse. The legal system, not your…
Tax Policy: Repeal Basis Adjustment and Ordinary Income Tax on Capital Gains The Biden administration hinted that it would try to have the tax policy of basis step-up upon death repealed and capital gains treated like regular income. The base step-up is a crucial factor in transfer tax planning, even though it is primarily concerned…
What Are Meeting Minutes: A Comprehensive Guide Meeting minutes play a crucial role as an official record of decisions made during board or shareholder meetings. Explores the essential components and guidelines for creating effective meeting minutes. Key Points: Brevity is Key: Meeting minutes should be concise, focusing on pertinent information. Avoid delving into in-depth explanations,…
CC&Rs: A Guide to Homeowners’ Rights and Responsibilities Homeowners’ Association (HOA) documents, specifically the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), play a vital role in outlining the rights of homeowners and the duties of HOA board members within a community. The CC&Rs encompass various aspects, including maintenance duties, enforcement powers, and assessment obligations. These…
Understanding HOA Documents: Before taking the plunge into homeownership, it’s crucial for potential buyers to delve into the world of Homeowners Associations (HOAs). These organizations play a significant role in shaping the community you’ll be living in, and understanding their rules and regulations is paramount. Here’s a comprehensive guide on what you need to know…
Understanding Trusts in Estate Planning Estate planning involves careful consideration of how your assets will be managed and distributed after your passing. One crucial tool in this process is a trust, a formal agreement that allows one person (the trustee) to hold assets for the benefit of another person or organization (the beneficiary). Trusts are…
Fraud and Embezzlement: How HOA Scandals Impact Communities In the realm of Homeowners Associations (HOAs), cases of fraud and embezzlement can wreak havoc on communities. The ramifications of theft within an HOA can be severe, often leading to prolonged legal battles and financial setbacks. While there are avenues for compensation, such as insurance claims, the…
New Anti-Fraud Laws Are Enacted In California To Protect HOA Members New HOA Laws in California: An anti-fraud bill intended to safeguard HOA members in California breezed through the legislature without any opposition and became law on January 1, 2019. Key Amendments to California’s Davis-Sterling Common Interest Development Act The bill, which proposes several amendments…
Corporate Entity Planning (LLCs, S-Corporations, Limited Partnerships) Clients frequently have estate planning objectives that corporate entity planning can help them realize. Hudack Law, APC specializes in comprehensive corporate entity planning, which includes the establishment of LLCs, S-Corporations, and Family Partnerships. These strategies provide clients significant benefits, including personal liability protection and favorable tax consequences for…
Can You Gift Your Spouse Money Tax-Free? When both partners in a married relationship are citizens of the United States, the unlimited marital deduction enables one partner to give a total amount of money or other property to their partner while they are alive or when they pass away. However, it’s essential to note that…