If you find yourself in a sticky situation, whether you need legal counsel or just advice, the sooner you seek help the better off you will be. The longer you wait the longer the opposing counsel has to build a case against you or maybe just for some documents to get lost. Typically, your counsel will need time to review the case.
Author Archives
Have a Question and Answer session
Make sure you are comfortable with your attorney and that they can explain the legal lingo to you if you do not understand it. Any attorney who cannot or will not take the time to answer your questions clearly and accurately is not to be trusted.
Estate Planning
Estate planning is for everyone. While most people do not like to think about death, it is a reality and typically unplanned. It is a lot easier on everyone, especially if you have a spouse, children and/or any relatives, if you draw up your own will and testament. I have been posted lots of information on estate planning, they should answer most of your questions. When you are ready to plan your estate give me a call and we will get started.
Submit comments on the EPA’s proposed Rule
To all,
Please take the time to go to the link below on NCBA’s webpage to submit comments on the EPA’s proposed Rule. Ashley McDonald has drafted comments that will populate once you fill in the contact information on the page that will appear once you click the link. It then only takes one more mouse click and you have commented. Please fill this form out and submit comments and then forward this message to everyone in your address book, unless you would like to have EPA regulating you alongside DOE in the pasture.
http://cqrcengage.com/beefusa/app/write-a-letter?6&engagementId=47396
This rule will impact anyone with property, so please comment
Once again the Federal government is trying to expand their jurisdiction, this time over waters and wetlands. EPA and the U.S. Army Corps of Engineers have published in the Federal Register a previously announced Proposed Rule to “… define ‘waters of the United States’ … for all sections of the Clean Water Act to mean: traditional navigable waters; interstate waters, including interstate wetlands; the territorial seas; impoundments of traditional navigable waters, interstate waters, including interstate wetlands, the territorial seas, and tributaries, as defined, of such waters; tributaries, as defined, of traditional navigable waters, interstate waters, or the territorial seas; and adjacent waters, including adjacent wetlands … Specifically, the proposed rule clarifies that under the Clean Water Act: … Most seasonal and rain-dependent streams are protected; Wetlands near rivers and streams are protected; Other types of waters may have more uncertain connections with downstream water and protection will be evaluated through a case specific analysis of whether the connection is or is not significant … The proposal requests comment on options protecting similarly situated waters in certain geographic areas or adding to the categories of waters protected without case specific analysis … The proposed rule preserves the Clean Water Act exemptions and exclusions for agriculture … The proposed rule will be open for public comment for 90 days from publication in the Federal Register. The interpretive rule for agricultural activities is effective immediately …” For anyone that is interested, that means it is time to comment to the Feds that this proposed rule is unacceptable. Expanding their jurisdiction means more laws to deal with and more ag ground out of production. Please take the time to comment. I am not an NCBA member, but they are going to have a comment link for this rule at beefusa.org it is not up as of this moment, but should be up in the next day or so. This rule will impact anyone with property, so please comment.
New Rules over waters and wetlands
Once again the Federal government is trying to expand their jurisdiction, this time over waters and wetlands. EPA and the U.S. Army Corps of Engineers have published in the Federal Register a previously announced Proposed Rule to “… define ‘waters of the United States’ … for all sections of the Clean Water Act to mean: traditional navigable waters; interstate waters, including interstate wetlands; the territorial seas; impoundments of traditional navigable waters, interstate waters, including interstate wetlands, the territorial seas, and tributaries, as defined, of such waters; tributaries, as defined, of traditional navigable waters, interstate waters, or the territorial seas; and adjacent waters, including adjacent wetlands … Specifically, the proposed rule clarifies that under the Clean Water Act: … Most seasonal and rain-dependent streams are protected; Wetlands near rivers and streams are protected; Other types of waters may have more uncertain connections with downstream water and protection will be evaluated through a case specific analysis of whether the connection is or is not significant … The proposal requests comment on options protecting similarly situated waters in certain geographic areas or adding to the categories of waters protected without case specific analysis … The proposed rule preserves the Clean Water Act exemptions and exclusions for agriculture … The proposed rule will be open for public comment for 90 days from publication in the Federal Register. The interpretive rule for agricultural activities is effective immediately …” For anyone that is interested, that means it is time to comment to the Feds that this proposed rule is unacceptable. Expanding their jurisdiction means more laws to deal with and more ag ground out of production. Please take the time to comment. I am not an NCBA member, but they are going to have a comment link for this rule at beefusa.org it is not up as of this moment, but should be up in the next day or so. This rule will impact anyone with property, so please comment.
Remember, Honest is the best Policy
Remember, honest is the best policy and your counsel can only prepare for any circumstance if she knows all of the facts. Normally, surprises are going to harm your case not help it. Your attorney is there to assist you, so divulge all information pertaining to the situation. Your attorney may ask you questions that you do not think are relevant or that you might think are personal, but remember, they are there to ensure that you have the best outcome.
Avvo Rating has increased to “9.0”!
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In The News
Final 1031 exchanges Post
The 3-Property Rule – You can identify up to three potential replacement properties without regard to fair market values of the properties.
The 200 Percent Rule – You may identify any number of properties as long as their fair market value does not exceed 200 percent of the total fair market value of all Relinquished Property (ies).
Section 1031 requires that you purchase one or more new properties by the 180th day after the closing of the old property. You must purchase one or more properties on your 45-day identification list.
This is a very simplistic break-down of 1031 exchanges, but will help you to understand the basics and to understand if a 1031 is right for you.
Toni Meacham Attorney At Law 