Fargo Legal Issues Blog

Signs that family law trouble could be ahead

On behalf of Kennelly Business Law posted in family law on Monday, October 7, 2019.

When a person is not aware of certain warning signs or aware of what his or her spouse may be thinking, a divorce can be surprising. There are certain types of behaviors and circumstances that may indicate the possibility that family law trouble could be coming. When a North Dakota reader is aware of these things, he or she can take steps to better prepare for what is ahead.

One sign that a divorce may be coming is that the family is no longer eating meals together or spending time together. Spouses who are only together for the sake of the kids may also be more prone to split at some point in the future. Over time, a couple that is no longer functioning as a team or unit may find that they have grown apart and are living separate lives.

Estate planning and probate for people with serious illnesses

On behalf of Kennelly Business Law posted in estate planning and probate on Tuesday, September 24, 2019.

It's not easy to think about end of life decisions and plan for care that a person may need if he or she is ever diagnosed with a serious illness. These are not pleasant things to think about, but in reality, it is helpful to consider the benefits of these kinds of steps ahead of time. By giving careful consideration to estate planning and probate matters, a person can have peace of mind for his or her own future and provide security for loved ones as well.

Everyone will pass away at some point, and each person has the right to decide what type of health care he or she may want near the end of one's life. Without having specific plans in place, it could result in complications for loved ones who may be left to make difficult decisions on behalf of a loved one who cannot speak for him or herself. By including certain types of documents in estate plans, a North Dakota resident can specify treatment plans and decline other types of care.

Can you change the name of your company down the road?

On behalf of Kennelly Business Law on Thursday, September 19, 2019.

When you first started your North Dakota business, you likely labored over every decision that you needed to make. You decided the type of business structure that would work best for your company's needs, and you decided on a business name that would allow potential consumers to immediately understand the purpose of your company.

Over the years, however, you may have expanded your company's products or services, and feel as if the company name no longer suits the business. You may wonder whether you could change the name, and fortunately, the answer is yes.

Family law decisions that impact older couples

On behalf of Kennelly Business Law posted in family law on Monday, September 9, 2019.

When a marriage is over, a North Dakota couple will have to address the financial fallout that comes with that choice. Divorce will inevitably bring a significant amount of changes for both parties, but it is especially critical for an older couple to consider the implications of each choice they make regarding their property division settlement. These family law decisions can impact them for years to come, perhaps even affecting their retirement.

Gray divorce is a term used to describe the dissolution of marriage between two individuals age 50 and up. The numbers of this type of divorce are on the rise, and that may be because people are living longer than ever. For many people over the age of 50, there are plenty of years left to have a fresh start. However, they have fewer years left until retirement. Pursuing a fair financial order is crucial.

5 areas to address in a parenting plan

On behalf of Kennelly Business Law on Thursday, August 29, 2019.

When a North Dakota couple with children divorces, they face many difficult, emotional decisions. One of those is creating a parenting plan, or custody plan, for their children. A parenting plan is a roadmap to splitting child custody and often helps parents avoid conflicts down the road as families face decisions.

Common reservations regarding estate planning and probate

On behalf of Kennelly Business Law posted in estate planning and probate on Tuesday, August 27, 2019.

There are many reasons why people may be reluctant to move forward with making plans for the future. Some North Dakota readers may be uncomfortable with the prospect of thinking about their own passing, and others may assume that they don't have enough money or assets to justify the effort. In reality, it is beneficial for everyone, regardless of wealth or age, to think carefully about estate planning and probate matters.

Statistics indicate that as many as 60% of people die without having a will or other estate plans in place. This makes things extremely complicated for loved ones and heirs, and it can take longer to settle an estate when someone passes away intestate. A will allows a person to determine what will happen to his or her stuff, name a guardian for minor children and make other plans that can benefit loved ones in the future.

Minimizing the negative impact of certain family law choices

On behalf of Kennelly Business Law posted in family law on Monday, August 12, 2019.

When a North Dakota couple makes the decision to end their marriage, it is likely that both parties will have to endure significant financial changes. Even in the most amicable of situations, a divorce will be costly, both immediately and often well into the future. It is possible for a person facing the prospect of divorce to take certain steps that can help minimize the potential negative impact of certain family law choices.

Long-term financial security is a priority when going through a divorce. This means that it makes sense to think about what will work best in the future, not just what seems best in the moment. It can help to go ahead and make a post-divorce budget and start abiding by it now. This can help ease the difficulty of an impending financial transition.

Changing a company's entity and important business law decisions

On behalf of Kennelly Business Law posted in business law on Tuesday, July 30, 2019.

When a North Dakota business owner starts a company, he or she makes decisions based on an uncertain future. It's impossible to know what a business will look like years down the road, and some of the business law choices made during the formation process may no longer make sense or work for the company. Sometimes, it may be necessary to change a company's entity.

During the business formation process, an owner will choose the structure for the business. This is a choice that will determine the type of business a company will be, such as a limited liability company, sole proprietorship and more. This is a choice that impacts the financial responsibility the business owner will have for company debts, and it also affects taxes.

The many different duties of an estate plan

On behalf of Kennelly Business Law posted in estate planning and probate on Thursday, July 18, 2019.

Many people in North Dakota wonder what the future holds for them and their families. While there may be concerns about what will happen to their assets and family members upon their death, there are, fortunately, steps that can be taken to provide peace of mind, including the creation of an estate plan. While most people think of such an option as being only for the wealthy, there are many pieces to an effective estate plan that can help in a variety of different situations.

Perhaps most importantly to parents, an estate plan can name who will provide care for minor children. Additionally, parents can name someone to be a guardian of the estate and manage assets for the children until they can make such decisions on their own. A carefully created estate plan can also potentially reduce the chances of conflict between family members when wishes are clearly expressed. Some tools, such as a living trust, can maintain privacy regarding the state and shorten the probate process.

Real estate mistakes that could cost buyers in the future

On behalf of Kennelly Business Law posted in real estate on Wednesday, July 3, 2019.

When a person is searching for a home in North Dakota, it's easy to allow excitement to drive the decision-making process. While buying a home is an exciting time, it's beneficial to think carefully about the implications of all choices before moving forward. Many people make real estate mistakes that come back to cost them significant time and money in the future.

Some of the most common mistakes that people make are making low-ball offers or assuming that all prices are negotiable. This is not always the case, and it can be smart to do some homework to better understand home values and prices in the desired area. Buyers also may be tempted to get caught up in the details and bonus features in a home without taking the time to carefully inspect the quality of the home's construction.

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