Blog Posts in June, 2016

Intellectual Property in Estate Planning

Intellectual property such as computer programs, patents, copyrights, and trademarks create unique issues when planning for the estate of a creative entrepreneur. What will happen to the patent? Who will get the rights to the book? These are questions that must be answered by every creative considering their copyright is likely to last a lot longer than they do. What about the emerging world of ...

Introduction to Litigation - The Petition

The word litigation has many definitions. Some define it as an action brought in court to prosecute a legal right; others define it simply as a judicial controversy. Regardless of the definition you choose, litigation can be intimidating. Interactions with attorneys, depositions, discovery, hearings before the judge, and maybe even a trial before a jury, can be strange and imposing processes that ...

Testamentary Capacity in Estate Planning

Testamentary capacity can be a costly issue for people who delay creating an estate plan. We typically think of estate planning – creating wills, trusts – as a task to be completed later in life. This mindset can lead to a situation in which a person lacks the capacity to create an estate plan. Once a person no longer has the capacity to create an estate plan, planning becomes difficult, ...

Website Privacy Policies

Website privacy policies could cost your business. Failing to consider the laws and regulations surrounding digital privacy in 2016, could lead to litigation for digital companies in the coming years. You have a great idea for a website that is going to revolutionize an industry. You call it www.greatidea.com, and you can hardly sleep at night knowing its the greatest idea in the history of man. ...

What Should Be in Your Privacy Policy?

What should be in your privacy policy? Website privacy policy considerations must include and adhere to the privacy laws and regulations of the state and federal government. States such as California have enacted legislation to protect their citizens when visiting websites that collect personal information. This legislation applies to all websites that “collect personally identifiable information ...

Tips for a Happy Divorce

Can one truly have a happy divorce? No, one cannot truly have a happy divorce because the process is two-fold: business and personal. You have to divide up all of your things plus deal with the emotional aspect of a break up. However, you can get out of the process without being truly miserable and have moments of true happiness. Over the years we have seen what hinders and what assists in a ...

Choose the Attorney Right for You.

Let’s face it! Most of the time having an attorney is one of those necessary things that you wish you really didn’t need. But, they truly can make a bad situation worse if you don’t choose the right attorney for you. This is why I’m going to tell you what you need to be looking for when picking your attorney. First, meet with more than one attorney when selecting the one that’s right for you! ...

FTC Alleges CAN-SPAM Violation by E-mail Campaign

It’s never unusual in today’s “internet of things” to receive an advertisement via email for a product or service that promises to improve your business or life. I recently received an email from a friend that looked legitimate, so I opened the email which lead me to an investment opportunity in Europe. I quickly closed the email, but not before everyone in my inbox also received the email with ...

Considerations for Children in Divorce Cases

The well-being of children in the legal process is critical, and there are key consideration for children in divorce cases. Divorce can be a difficult issue to resolve amicably. The children in divorce are too often placed in the middle of the parents’ breakup in a way that creates anxiety for the children. This should be avoided at all cost. When considering a divorce where child custody will be ...

Overzealous Trust Funding

Revocable living trusts are great estate planning vehicles for avoiding probate. But a trust is only as good as the property funding that trust. Without proper funding, a deceased person’s property may end up in probate. That being said, a trust grantor (the person setting up the trust) should not be overzealous in funding her or his trust. Some types of property either avoid probate or incur tax ...

The Probate Process

At the outset, probate can seem like a long and confusing process. Filings must be made, notices given, and hearings conducted. Understanding the process can alleviate frustration and create realistic expectations. Smith Simmons helps clear confusion and make sense of the probate process in this edition of the legal brief. What is probate? Essentially, probate is the process of collecting the ...