From the Internal Revenue Service’s extension of time to use the simplified method for electing portability to the enforceability of modifications to click-wrap agreements, we have recently seen significant developments in estate planning and business law. To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning and business law practice.
Current Developments in Estate Planning and Business Law: August 2022
By WealthCounsel Staff on Aug 12, 2022 10:00:00 AM
Can a Guardian Sue for Maintenance Against Ward’s Spouse?
By Jill Roamer, JD, CIPP/US on Aug 5, 2022 10:35:00 AM
As folks age, they oftentimes become unable to manage their affairs. A court can name someone to handle these affairs on the senior’s behalf. A guardian is appointed to make personal or healthcare decisions; a conservator is appointed to make financial decisions. The senior is termed the “ward.” That guardian and conservator (oftentimes the same individual) are then responsible to handle the ward’s affairs, in the ward’s best interests. But how far can the conservator go? Can a conservator sue the ward’s spouse for support and maintenance? This issue was recently litigated in South Carolina.
Lessons from the Court: West Dakota Oil, Inc. v. Kathrein Trucking, LLC
By WealthCounsel Staff on Aug 5, 2022 10:00:00 AM
Piercing the corporate veil is a legal concept that involves separating the business entity from its owner, allowing the owner to be protected from personal liability for the business’s debts. The applicable law can be nebulous, and protection against personal liability may not always be available, especially if a single owner of a business uses personal funds to run the company—or uses the business’s funds for their own purposes. A recent legal case from North Dakota illustrates some of the factors that determine whether the business is operating separately or merely as the alter ego of its owner. Read on to learn more.