I’m interested in buying a house. Do I need a real estate attorney?

Although some buyers decide to complete the transaction on their own, it is highly recommended to seek the guidance of an experienced real estate law attorney to help you navigate the process. Since there are numerous contracts and a significant financial investment at stake, having an attorney double-check these documents and protect your interests is advisable.

If I am selling a piece of property, what must I disclose to potential buyers?

If you are aware of any defects to the property you are selling, you are legally obligated to disclose them. When sellers fail to properly notify buyers of defects to the property, they may find themselves in court. It is advisable to discuss your options for disclosing any defects with a seasoned real estate attorney. There are numerous strategies for the disclosure of defects, and your attorney will help you find the best way to proceed.

I’m an entrepreneur. Why should I consider forming a business corporation?

If you are starting your own business, there are many aspects you need to consider. The most important reason you should consider forming a business corporation is to achieve personal liability protection. Forming a corporation allows you to separate your business assets from your personal assets. In the event of a lawsuit or other legal action against your corporation, your personal assets will be protected. There are additional benefits to forming a corporation, including the simple transferability of ownership interests and tax savings. If you are thinking about forming a corporation, reach out to a knowledgeable Niagara Falls business law attorney today to discuss your options.

What should I consider when creating shareholder and partnership agreements?

As a business owner, it is essential that you prepare and implement proactive and clearly-worded contracts and agreements that stave off potential litigation risk in the future. It is common for disputes to arise among business partners and stakeholders, so it is advisable to work with an experienced business law attorney to draft and activate effective contracts and agreements. From using clear language to implementing adequate protections for your business, a skilled attorney will work with you to ensure that your business enjoys a bright future.

What is probate and how long does it take?

In New York state, the court must prove or disprove the validity of a deceased person’s will and allow the executor of the estate to be selected and authorized to distribute the estate to any named beneficiaries. This process is called probate. Depending on the number of probate cases the particular county is handling, the availability of the heirs, and whether there are any objections to the will, probate can vary in duration. Once the court has officially appointed the executor or act on behalf of the estate, the probate process ends and the administration of the estate begins. To learn more about probate, call an experienced probate attorney who can provide you with the answers you need.

When it comes to estate planning, can’t I just use online forms?

While there are several estate planning resources available online, it is wise to work with a skilled estate planning attorney when you are completing such an important task. Estate planning is the single most important step you can take towards ensuring the stability of your family and your legacy after you pass away. Why use generic forms that do not address your specific circumstances?

Rather than turning to vague documents on the internet, it is recommended that you take the time to speak with an experienced estate planning attorney. Your lawyer will get to know your unique needs and help you create a customized estate plan that is tailor-made to suit you and your family. Based on your specific needs, you may consider establishing a living trust, designating a financial power of attorney, or putting other protective measures in place. While the internet is a good starting place to learn about the broad strokes of estate planning, it is worth it to work with an estate planning attorney who can protect your hard-earned assets and ensure the financial future of your loved ones.

 

If you would like to learn more about real estate, real property, business, estate planning, or probate, W. Maxwell Coykendall, P.C. is here to help. For over two decades, Mr. Coykendall has provided trusted and effective legal guidance to Niagara Falls residents. Call (716) 285-3525 today to get started.