Estate Planning
Last Will and Testament
Georgia
I had an Alabama elder care lawyer create my POA, will, etc. Now I am living permanently in Ga. Is my paperwork still good or do I need to get it reviewed and updated in Ga.
widowed and living alone
Allen L.
The short answer is: your Alabama documents are most likely still legally valid in Georgia, but a Georgia attorney review is strongly recommended — especially given your situation living alone and widowed. Here is the breakdown: Will Georgia recognizes a will validly executed in another state as long as it was properly signed and witnessed under that state's law at the time it was made. Alabama and Georgia both require two witnesses, so your will should be fine. That said, if your Alabama will names your spouse or references Alabama-specific assets, accounts, or property that has since changed, it absolutely needs updating for that reason alone. Power of Attorney Georgia adopted the Uniform Power of Attorney Act in 2017. Georgia will generally honor a POA validly created in another state. However, Georgia has specific statutory language that banks, hospitals, and other institutions are accustomed to seeing. If your Alabama POA does not track Georgia's statutory form, some institutions may resist honoring it or ask for additional paperwork, which can cause serious delays in a crisis. Having a Georgia-compliant POA dramatically reduces that friction. Healthcare Directive / Advance Directive This is the most important one to update. Georgia has its own Advance Directive for Health Care form that combines a living will and healthcare proxy. Georgia medical providers are trained on this specific form. An Alabama healthcare directive may be legally valid here, but you may encounter real-world resistance from hospitals and doctors who are not familiar with it. A Georgia-specific advance directive is highly advisable. Practical Concerns Given Your Situation Living alone and widowed means your agent under your POA and your healthcare proxy are your first and only lines of protection if something happens. You want zero friction when those documents need to be used. This is not the situation to test whether an out-of-state document will be accepted in a moment of urgency. You should also confirm that whoever you have named as your agent, executor, and healthcare proxy is still the right person, still willing, and still able to serve. Bottom Line Your documents are not void, but getting them reviewed and updated for Georgia is genuinely worth the time and cost. At a minimum, a new Georgia Advance Directive for Health Care and a Georgia-compliant Durable POA should be strongly considered. While you are at it, confirm your beneficiary designations on any life insurance, IRAs, and bank accounts, as those pass outside your will regardless. Next Step The easiest way to get this handled is to open a project on ContractsCounsel at www.contractscounsel.com. You can post your document review and drafting project there, receive competitive flat-fee bids from Georgia-licensed attorneys who handle exactly this type of elder law work, and get everything updated without having to search for a lawyer on your own. It is a straightforward process and puts you in control of the cost upfront. Given your situation, this is one of those things that is well worth getting done sooner rather than later.
Read 1 attorney answer>Estate Planning
Last Will and Testament
Georgia
I had an Alabama elder care lawyer create my POA, will, etc. Now I am living permanently in Ga. Is my paperwork still good or do I need to get it reviewed and updated in Ga.
widowed and living alone
Allen L.
The short answer is: your Alabama documents are most likely still legally valid in Georgia, but a Georgia attorney review is strongly recommended — especially given your situation living alone and widowed. Here is the breakdown: Will Georgia recognizes a will validly executed in another state as long as it was properly signed and witnessed under that state's law at the time it was made. Alabama and Georgia both require two witnesses, so your will should be fine. That said, if your Alabama will names your spouse or references Alabama-specific assets, accounts, or property that has since changed, it absolutely needs updating for that reason alone. Power of Attorney Georgia adopted the Uniform Power of Attorney Act in 2017. Georgia will generally honor a POA validly created in another state. However, Georgia has specific statutory language that banks, hospitals, and other institutions are accustomed to seeing. If your Alabama POA does not track Georgia's statutory form, some institutions may resist honoring it or ask for additional paperwork, which can cause serious delays in a crisis. Having a Georgia-compliant POA dramatically reduces that friction. Healthcare Directive / Advance Directive This is the most important one to update. Georgia has its own Advance Directive for Health Care form that combines a living will and healthcare proxy. Georgia medical providers are trained on this specific form. An Alabama healthcare directive may be legally valid here, but you may encounter real-world resistance from hospitals and doctors who are not familiar with it. A Georgia-specific advance directive is highly advisable. Practical Concerns Given Your Situation Living alone and widowed means your agent under your POA and your healthcare proxy are your first and only lines of protection if something happens. You want zero friction when those documents need to be used. This is not the situation to test whether an out-of-state document will be accepted in a moment of urgency. You should also confirm that whoever you have named as your agent, executor, and healthcare proxy is still the right person, still willing, and still able to serve. Bottom Line Your documents are not void, but getting them reviewed and updated for Georgia is genuinely worth the time and cost. At a minimum, a new Georgia Advance Directive for Health Care and a Georgia-compliant Durable POA should be strongly considered. While you are at it, confirm your beneficiary designations on any life insurance, IRAs, and bank accounts, as those pass outside your will regardless. Next Step The easiest way to get this handled is to open a project on ContractsCounsel at www.contractscounsel.com. You can post your document review and drafting project there, receive competitive flat-fee bids from Georgia-licensed attorneys who handle exactly this type of elder law work, and get everything updated without having to search for a lawyer on your own. It is a straightforward process and puts you in control of the cost upfront. Given your situation, this is one of those things that is well worth getting done sooner rather than later.
Read 1 attorney answer>
Estate Planning
Last Will and Testament
Georgia
I had an Alabama elder care lawyer create my POA, will, etc. Now I am living permanently in Ga. Is my paperwork still good or do I need to get it reviewed and updated in Ga.
widowed and living alone
Allen L.
The short answer is: your Alabama documents are most likely still legally valid in Georgia, but a Georgia attorney review is strongly recommended — especially given your situation living alone and widowed. Here is the breakdown: Will Georgia recognizes a will validly executed in another state as long as it was properly signed and witnessed under that state's law at the time it was made. Alabama and Georgia both require two witnesses, so your will should be fine. That said, if your Alabama will names your spouse or references Alabama-specific assets, accounts, or property that has since changed, it absolutely needs updating for that reason alone. Power of Attorney Georgia adopted the Uniform Power of Attorney Act in 2017. Georgia will generally honor a POA validly created in another state. However, Georgia has specific statutory language that banks, hospitals, and other institutions are accustomed to seeing. If your Alabama POA does not track Georgia's statutory form, some institutions may resist honoring it or ask for additional paperwork, which can cause serious delays in a crisis. Having a Georgia-compliant POA dramatically reduces that friction. Healthcare Directive / Advance Directive This is the most important one to update. Georgia has its own Advance Directive for Health Care form that combines a living will and healthcare proxy. Georgia medical providers are trained on this specific form. An Alabama healthcare directive may be legally valid here, but you may encounter real-world resistance from hospitals and doctors who are not familiar with it. A Georgia-specific advance directive is highly advisable. Practical Concerns Given Your Situation Living alone and widowed means your agent under your POA and your healthcare proxy are your first and only lines of protection if something happens. You want zero friction when those documents need to be used. This is not the situation to test whether an out-of-state document will be accepted in a moment of urgency. You should also confirm that whoever you have named as your agent, executor, and healthcare proxy is still the right person, still willing, and still able to serve. Bottom Line Your documents are not void, but getting them reviewed and updated for Georgia is genuinely worth the time and cost. At a minimum, a new Georgia Advance Directive for Health Care and a Georgia-compliant Durable POA should be strongly considered. While you are at it, confirm your beneficiary designations on any life insurance, IRAs, and bank accounts, as those pass outside your will regardless. Next Step The easiest way to get this handled is to open a project on ContractsCounsel at www.contractscounsel.com. You can post your document review and drafting project there, receive competitive flat-fee bids from Georgia-licensed attorneys who handle exactly this type of elder law work, and get everything updated without having to search for a lawyer on your own. It is a straightforward process and puts you in control of the cost upfront. Given your situation, this is one of those things that is well worth getting done sooner rather than later.
Read 1 attorney answer>Estate Planning
Last Will and Testament
Georgia
I had an Alabama elder care lawyer create my POA, will, etc. Now I am living permanently in Ga. Is my paperwork still good or do I need to get it reviewed and updated in Ga.
widowed and living alone
Allen L.
The short answer is: your Alabama documents are most likely still legally valid in Georgia, but a Georgia attorney review is strongly recommended — especially given your situation living alone and widowed. Here is the breakdown: Will Georgia recognizes a will validly executed in another state as long as it was properly signed and witnessed under that state's law at the time it was made. Alabama and Georgia both require two witnesses, so your will should be fine. That said, if your Alabama will names your spouse or references Alabama-specific assets, accounts, or property that has since changed, it absolutely needs updating for that reason alone. Power of Attorney Georgia adopted the Uniform Power of Attorney Act in 2017. Georgia will generally honor a POA validly created in another state. However, Georgia has specific statutory language that banks, hospitals, and other institutions are accustomed to seeing. If your Alabama POA does not track Georgia's statutory form, some institutions may resist honoring it or ask for additional paperwork, which can cause serious delays in a crisis. Having a Georgia-compliant POA dramatically reduces that friction. Healthcare Directive / Advance Directive This is the most important one to update. Georgia has its own Advance Directive for Health Care form that combines a living will and healthcare proxy. Georgia medical providers are trained on this specific form. An Alabama healthcare directive may be legally valid here, but you may encounter real-world resistance from hospitals and doctors who are not familiar with it. A Georgia-specific advance directive is highly advisable. Practical Concerns Given Your Situation Living alone and widowed means your agent under your POA and your healthcare proxy are your first and only lines of protection if something happens. You want zero friction when those documents need to be used. This is not the situation to test whether an out-of-state document will be accepted in a moment of urgency. You should also confirm that whoever you have named as your agent, executor, and healthcare proxy is still the right person, still willing, and still able to serve. Bottom Line Your documents are not void, but getting them reviewed and updated for Georgia is genuinely worth the time and cost. At a minimum, a new Georgia Advance Directive for Health Care and a Georgia-compliant Durable POA should be strongly considered. While you are at it, confirm your beneficiary designations on any life insurance, IRAs, and bank accounts, as those pass outside your will regardless. Next Step The easiest way to get this handled is to open a project on ContractsCounsel at www.contractscounsel.com. You can post your document review and drafting project there, receive competitive flat-fee bids from Georgia-licensed attorneys who handle exactly this type of elder law work, and get everything updated without having to search for a lawyer on your own. It is a straightforward process and puts you in control of the cost upfront. Given your situation, this is one of those things that is well worth getting done sooner rather than later.
Read 1 attorney answer>Fiduciary Duty
Basic Transaction
California
Can I sue my aunt for breach of contract?
My aunt coered me into selling my house and then changed to contract at the last minute. Threats, exploitation of disabled adult and fraud.
Matthew K.
You can sue anyone for any reason. Your real question is, "will I be successful?" That question cannot be answered without looking at the evidence supporting your allegations and the relationship with your aunt. If you are a disabled adult, as defined by your state's law, and your aunt was your guardian or conservator, then it is possible that a rebuttable presumption would arise. That means, it would be assumed that your aunt breached her fiduciary duties to you and it is presumed that fraud and undue influence came into play. The burden would be on her to rebut the presumption. Your case would become much stronger.
Read 1 attorney answer>Estate Planning
Will
Pennsylvania
Are any ContractsCounsel lawyers open to serving as an executor for my estate?
I'm 49, and I live in Pennsylvania. I'm not married, and I don't have any kids. My net worth around $2 million. I understand that if any lawyer is open to this arrangement, he/she would need to screen me before agreeing to serve as my executor.
Kenneth G.
Pennsylvania ethics rules permit a lawyer to serve as executor for a client, subject to PA RPC 1.7 conflict disclosure and PA RPC 1.8 Comment guidance, including advising of the lawyer's financial interest and the availability of alternative candidates. An engagement would be a long-tail fiduciary commitment, and the executor role should sit in a separate engagement letter with full Rule 1.7 disclosures, written informed consent, succession provisions, and confirmed fiduciary insurance. The engagement is ethically allowed, but there are enough structural hurdles with having a lawyer serve as executor that one may want to consider a bank or institutional executor in some cases.
Read 1 attorney answer>Probate
Last Will and Testament
Missouri
Wat type of lawyer do I speak with about an estate that didn't use private court
My father passed away and his wife got/took everything without my knowledge. I am certain that my father would have left something to me and my sister but never heard anything from his wife .
Joseph B.
I am very sorry that you are having to deal with a situation like this during such a difficult time in your life. You are most likely looking for a probate attorney. Probate attorneys handle the distribution of an estate after a person dies. They work with the court, debtors, heirs, etc. to distribute the estate per state law and any estate planning documents the person had.
Read 1 attorney answer>Consumer Protection
Contract For Sale And Purchase
Tennessee
A used car dealer (Tennessee) sold me a truck that has issues from day 1. What legal recourse do I have?
Bought in November and had issues with the AC & Heated Seats not working correctly. They have had my truck 52 days (and still working on it) of the 122 days I've owned the truck.
Adam J.
Most used car sales in Tennessee are "as-is," and if your buyer's guide and contract say that, the dealer generally isn't on the hook for repairs as a contractual matter. The first thing to check: does your paperwork show "As-Is - No Warranty" or "Implied Warranties Only" or "Dealer Warranty"? If the dealer misrepresented the truck's condition, knew about pre-existing defects and concealed them, or has been stringing you along in bad faith, the Tennessee Consumer Protection Act allows for treble (triple) damages and attorney's fees. This is often the strongest hammer in used-car disputes
Read 1 attorney answer>Real Estate
Property Lease
California
I have rent to own lease agreement the owner passed away and his conservator sold the property what can I do
I explained in the first box
Matthew K.
After the sale, did you continue living there and paying the lease amount? It's difficult to expand on my answer without reading the agreement (it cannot be oral). Assuming the agreement is what you say, you might consider recording a Lis Pendens on the property. That will get everyone's attention, I can assure you. Probably also consider a quiet title action. None of that advice is necessarily relevant; it depends on what the agreement says.
Read 2 attorney answers>Employment
Severance Agreement And Release
Colorado
Can a Colorado employer change the date of termination on a severance agreement and release notice that says "draft"?
I was recently given a Severance Agreement and Release from my company. My position will end in May. Because the agreement says "draft" and has not been signed, I am unsure if the company can come back with a revised version saying my last day will be sooner.
Demetre K.
The short answer is that they probably can. Colorado is an at-will employment state, meaning your employer can generally change the terms of your employment, including your termination date, at any time and for any lawful reason. Since the agreement is marked "draft" and hasn't been signed by either party, there is no binding contract locking in that May end date. That said, this is the general rule. If you have an employment agreement, offer letter, or other written documentation that guarantees a specific termination date or notice period, that could change the analysis. You would want to review any such documents carefully to confirm whether your employer has already committed to specific terms. There are also some important protections worth knowing about in this context: If you are 40 years of age or older and the severance agreement asks you to waive age discrimination claims under the Age Discrimination in Employment Act (ADEA), your employer must comply with the Older Workers Benefit Protection Act (OWBPA). Among other things, the OWBPA requires that you be given at least 21 days to review and consider the agreement before signing, or 45 days if you are being terminated as part of a group layoff or reduction in force. You also get a 7-day revocation period after signing during which you can change your mind. Here is the part that may relate to your question: if your employer makes a material change to the agreement, such as moving up your termination date, the review period starts over. So even if you have been sitting with the draft for a couple of weeks, a revised version with a new termination date would likely give you a fresh 21 or 45 day window to consider the updated terms. ***This response is for general information purposes only and does not constitute legal advice or create an attorney-client relationship. For advice specific to your situation, please consult a qualified attorney.***
Read 2 attorney answers>Employment
Demand Letter
Massachusetts
Can I get helping drafting a demand letter to my former company for my employment claims
I have potential employment related claims for discrimination, harassment, etc against my former employer. And wish to send a demand letter to offer early settlement. Need help with drafting this letter
Stephen R.
Sure. It’s wise to have an attorney review any correspondence you’d send to an adversary you’re contemplating legal action against and it is often the case that such a letter when issued on an attorney’s letterhead triggers a response. That said, employment law is tricky since MA is an at will state meaning an employer can terminate for any reason at all outside of racial/sex/orientation bases or retaliation . Obviously there are nuances, but these are the broad strokes.
Read 1 attorney answer>Business Contracts
Legal Contracts
Maryland
what feeds does contractscounsel.com charge lawyers and clients
I'm deciding if I'm going to us this site or not
Randy M.
ContractsCounsel operates as a marketplace connecting clients with attorneys through a competitive bidding process. Here's how it works: You post your legal project on the platform with details about what you need. Attorneys review posted projects and submit bids that include their proposed fees and qualifications. You review the bids, compare attorney profiles and pricing, and select the attorney that best fits your needs and budget. You work directly with your chosen attorney to complete the project. ContractsCounsel does not charge a separate platform fee for clients. You pay only the attorney fee that you agreed to when you accepted their bid. This fee is negotiated directly between you and the attorney through the bidding process. Of course you also have the option to not accept any of the bids. The benefit of this model is that you control costs by reviewing multiple bids and selecting the attorney whose pricing and qualifications match your requirements. I hope that helps! Best regards, Randy
Read 1 attorney answer>Real Estate
Property Deed
Texas
How to get my home equity after foreclosure
My home got foreclosed for 120 thousand and it's worth 250 thousand
Jerome L.
If your Texas home sold for more than what you owed, you may be entitled to what is called surplus or excess funds. These funds are held by the county or trustee after foreclosure. To claim them, you must file a petition for release of surplus funds with proof of ownership and sale details. An attorney can help confirm eligibility and make sure you recover the full amount before others claim it.
Read 1 attorney answer>Property Damage
93a Demand Letter
Idaho
I live in Boise, Idaho. I had my basement flood in May, 2025, due to a clogged irrigation ditch that runs on the east side of my property. I claim the ditch association did not do their job to keep it unclogged; they claim they have no liability or responsitility. I want to recover my losses, which amount to over $ 40,000.00, plus all the work we have gone to to clean up the damage caused from the flooding. What will this cost me to get legal representation.
I had my home flooded from a clogged irrigation ditch. I claim the the ditch association was negligent in not keeping the ditch cleaned out and inspecting in regularly. The ditch rider went out of town and did not get anyone else to do his job.
Benjamin E.
Hello! Thank you for sharing, and I'm sorry to hear about the flood. This sounds like a fairly straightforward negligence claim, and one that I would be happy to represent you in. I charge an up-front retainer that I bill against as we move through the process, starting with a demand letter and moving toward litigation and/or settlement as needed. I'd be happy to set up a free consultation with you to discuss further, including estimated costs and what the process looks like. I hope to hear from you soon and look forward to talking with you more!
Read 1 attorney answer>Estate Planning
Life Insurance Trust
Kentucky
If a life insurance policy owner dies and the insured is still alive and it is a life insurance policy with cash value that the policy owner had taken out a loan against with the policy so withdrew some of the cash value and were not legally liable to pay that debt to the policy back, does the executor have to pay that debt to the cash value off?
My mom had a life insurance policy on my younger adult sister. My mom was the policy owner and my adult sister is the insured. My mom passed in 2022. The life insurance policy she had on my sister had cash value on it and my mom had taken some of that out when she built her house about 20 years ago. As the executor, am I required to pay that back, since my mom wasn't actually required to put the money back in the cash value if she didn't want to? Is it considered a debt that I need to pay out of the estate? The estate has the funds to pay it but I wasn't sure if it was required to pay.
Randy M.
When a policy owner takes out a loan against a life insurance policy’s cash value, that loan is secured entirely by the policy itself. It’s not a personal liability of the policy owner, and it doesn’t become a debt of the estate. The insurer tracks the outstanding balance and deducts it from the policy’s value. In your situation, your mother was the owner of a policy insuring your sister’s life. She borrowed against its cash value years ago. Because she wasn’t legally required to repay the loan during her lifetime, the obligation doesn’t shift to her estate. As executor, you don’t treat that loan as a claim against estate assets. The only impact is on the policy itself: the loan plus interest reduces the cash value if surrendered, or the death benefit if your sister eventually dies while the policy is still in force. What Happens After the Owner Dies Since your mother has passed and the insured (your sister) is still alive, the policy itself becomes part of the estate unless a contingent owner was named. That means you may have temporary control as executor. At this point you have several options: 1. Maintain the policy by continuing premiums if required. The loan remains in place and will keep accruing interest, which reduces the policy’s value. 2. Transfer ownership to your sister or another beneficiary under the will or intestacy laws. The new owner takes the policy subject to the outstanding loan. 3. Surrender the policy for its remaining net cash value, which will already reflect a reduction for the loan balance. 4. Allow the policy to lapse by discontinuing premium payments, though that wastes any remaining value. The right choice depends on the estate’s circumstances, your sister’s wishes, and whether preserving coverage has practical value. Executor’s Responsibilities Your duty as executor is to collect estate assets, pay valid debts and expenses, and distribute the remainder under the will or state law. Since policy loans are not debts of the estate, you don’t repay them out of general funds. The insurance company enforces repayment internally by adjusting the policy value. The only estate-level question is whether to hold, transfer, or surrender the policy itself. Review the Policy Contract You should review the actual policy contract to confirm ownership and rights after your mother’s death, as terms can vary. If the estate inherited the policy, the insurer will require documentation before you can act. For guidance on transferring ownership and managing the policy, it’s best to consult an estate attorney in your jurisdiction. Contracts Counsel can connect you with experienced estate attorneys who can assist with this process.
Read 1 attorney answer>Intellectual Property
Copyright Search
Texas
Is it necessary to conduct a copyright search before using a specific image for commercial purposes?
I am a freelance graphic designer and I recently came across a striking image that I would like to incorporate into a client's commercial project. However, I want to ensure that I am not infringing on any copyright laws. I have heard about copyright searches, but I am unsure if they are necessary or if there are any potential legal consequences for using an image without conducting such a search. I want to make sure I am taking the necessary precautions to protect myself and my client from any legal issues.
Randy M.
When you’re preparing work for a client, the key issue isn’t whether you’ve run a formal copyright search, but whether you have the legal right to use the image. Copyright law automatically protects most images, so relying on the absence of a watermark or a registration record isn’t enough to keep you safe. Copyright Protection and Ownership Under U.S. law, copyright attaches the moment an original work is created and fixed in a tangible form (17 U.S.C. § 102). That means virtually every photo, illustration, or graphic you find online is already protected. Registration with the U.S. Copyright Office strengthens enforcement rights, but it isn’t required for protection. Likewise, the lack of a © symbol doesn’t mean an image is free to use. Because there’s no central database covering all copyrighted images, a formal copyright search isn’t practical or reliable in most cases. Even if you searched the Copyright Office’s records, you’d only be looking at registered works, which are a small fraction of what’s actually protected. Risks of Using Unlicensed Images If you incorporate an image without permission into a commercial project, you and your client could face serious consequences. Infringement can lead to cease-and-desist orders, statutory damages of $750 to $30,000 per work (and up to $150,000 for willful infringement) under 17 U.S.C. § 504(c), and potential liability for the copyright holder’s attorney’s fees. Courts generally view commercial use as disfavoring any “fair use” defense. Even if you didn’t intend to infringe, liability can still be imposed. Best Practices for Designers The best practice is to focus on obtaining images from sources where the licensing terms are clear and legally sound. For example: • Use reputable stock photo agencies such as Adobe Stock, Shutterstock, or Getty, where commercial licenses are explicit. • Choose Creative Commons images that allow commercial use (e.g., CC BY or CC0), but review license terms carefully. • Confirm public domain status when applicable, such as U.S. federal government works. • Contact creators directly for written permission if you want to use their work. • Keep copies of receipts, license agreements, or permission letters so you can show proof of rights if challenged. Reverse image search tools like Google Images or TinEye can be useful to trace the origin of an image and identify whether it’s sold or licensed by a third party. However, this is a step in due diligence, not a substitute for obtaining rights. Professional Responsibility As a freelance designer, your contracts may hold you responsible for ensuring that the materials you deliver don’t infringe anyone else’s rights. Delivering work that exposes your client to infringement claims can damage your reputation and your client relationship. The safest practice is to assume that any image you didn’t create yourself is protected until you confirm otherwise and secure the proper license.
Read 1 attorney answer>Estate Planning
Durable Power of Attorney for Finances
Kentucky
Who do I get for power of attorney
I need questions answered my husband just passed so do I need to get a power of attorney while I m at my right mind
Randy M.
A power of attorney (POA) is only effective while the person who created it (the “principal”) is alive. Once the principal dies, the POA automatically ends. That means you cannot use your husband’s POA now that he has passed, and any authority you may have had under a POA he gave you is no longer valid. The law is uniform on this point across all U.S. states. After death, the legal authority to handle someone’s affairs shifts to the executor named in their will or, if no will exists, to an administrator appointed by the probate court. As the surviving spouse, you typically have priority to be appointed as administrator if your husband left no will. This is the process by which debts, taxes, and distributions of property are handled. Why You Should Still Consider a Power of Attorney Although you don’t need a POA for your husband, you may want to create one for yourself while you’re mentally capable. This is an important part of estate planning and ensures that if you ever become incapacitated, someone you trust can step in seamlessly. There are two key types of POA most people establish: 1. Durable Financial Power of Attorney: Authorizes your agent (sometimes called attorney-in-fact) to manage financial matters—paying bills, handling banking, managing property—if you can’t. It’s “durable” because it remains valid even if you lose capacity. 2. Healthcare Power of Attorney (or Healthcare Proxy): Authorizes your agent to make medical decisions if you’re unable to speak for yourself. Most people also prepare a living will/advance directive alongside a healthcare POA. This document sets out your specific wishes for end-of-life treatment so your agent isn’t left guessing. Choosing the Right Agent The choice of agent is vital. This person will hold significant authority, and you should only appoint someone you trust completely. Common choices include an adult child, a close family member, or a trusted friend. In more complex cases, some people name a professional fiduciary or financial institution. When deciding, weigh these factors: • Trustworthiness and integrity: They’ll be in a position to make decisions that directly affect your finances or health. • Financial responsibility: Especially relevant if they’ll be handling your money. • Willingness and availability: Make sure the person accepts the responsibility in advance. • Location: It’s not a strict requirement, but someone nearby can often act more quickly when urgent matters arise. It’s also wise to name a successor agent in case your first choice is unable or unwilling to serve. Immediate Steps After Losing a Spouse Separate from your own planning, you’ll likely need to address your husband’s estate. If he had a will, the executor named there should take the lead. If there’s no will, you can apply to probate court to be appointed administrator. Alongside that, you may need to update your own estate planning documents, review and change beneficiary designations, and notify Social Security, banks, and insurance companies. An estate attorney can guide you through both the probate process and setting up your own documents. The attorneys here on Contracts Counsel would be happy to assist you.
Read 1 attorney answer>Business
Employee Contract
Massachusetts
Can I file a claim for unpaid overtime wages?
I have been working for a small consulting firm for the past two years, and I recently discovered that I have not been receiving overtime pay despite regularly working more than 40 hours per week. According to my employment contract, I am classified as an exempt employee, but after researching the Fair Labor Standards Act, I believe that I may be misclassified and entitled to overtime compensation. I would like to know if I have a valid claim for unpaid overtime wages and what steps I should take to pursue this matter legally.
Frank G.
If you are "non-exempt" and thereby entitled to overtime. Determining whether a worker is an "exempt" employee and not entitled to overtime requires application of the law to the facts. For instance, an "exempt" executive employee are paid not less than $455 per week, have their primary duty to manage part of the busisess, regularly direct the work of two or more other employees, and have the authority to hire or fire other employees or to make recommendations about hiring and firing taken into account by their employers. An "exempt" administrative employee, are also paid at least $455 a week and has the primary duty of the performance of office or non-manual work directly related to the management or general business operations of the employer or its customers--and is an employee whose primary duty for the employer involves exercising their discretion and independent judgment with respect to matters significant to the employer. It's not always easy to determine if someone is a managerial or administrative employee however and it can be a gray area. There are lots of examples of overtime exemptions such as computer and creative professionals, outside sales people, some truck drviers, some mechanics and some people working at auto dealerships. You may be non-exempt and eligible for overtime under the law if you are a paid a salary based on a 40 hour work week but work more than 40 hours. If you are eligible for overtime there are laws protecting you from retaliation for complaining about not being paid overtime.
Read 1 attorney answer>Limited Liability Company
Form 1120-S
Arizona
Is Form 1120-S required for a single-member LLC electing to be taxed as an S corporation?
I recently formed a single-member LLC and have elected to be taxed as an S corporation. I understand that Form 1120-S is generally used by S corporations to report their income, deductions, and other tax information. However, since I am the sole owner of the LLC and it is treated as a disregarded entity for federal tax purposes, I am unsure if I need to file Form 1120-S or if I can simply report the income and expenses on my personal tax return using Schedule C. Can you clarify the filing requirements in this scenario?
Randy M.
If your single-member LLC’s S corporation election (Form 2553) is accepted and effective for the tax year, you don’t use Schedule C for that business. You file Form 1120-S for the entity, issue yourself a Schedule K-1 (Form 1120-S), and report the K-1 items on your Form 1040 (typically on Schedule E). If the election isn’t effective for the year in question (for example, it was filed late and not granted relief), you remain a disregarded entity for that year and would report on Schedule C instead. What this means for your filings this year File Form 1120-S by the 15th day of the third month after the end of your tax year (March 15 for a calendar-year S corp). Provide yourself a shareholder K-1. On your personal return, include K-1 income, deductions, and credits; don’t duplicate the same activity on Schedule C. Keep the IRS approval of your S election with your permanent records and verify the effective date before you prepare the return. Where Schedule C still applies (edge cases) If your 2553 wasn’t accepted or the effective date falls after the start of the year, the pre-election period is still disregarded-entity activity. In a mid-year effective-date situation, you’ll generally have two “periods”: a Schedule C period before the S election takes effect and an 1120-S period after. If your 2553 was late, consider Rev. Proc. 2013-30 relief so you can treat the election as timely and avoid an unintended Schedule C year. Payroll and “reasonable compensation” Once you’re taxed as an S corporation, you’re both owner and employee if you perform services. Pay yourself reasonable compensation through payroll and issue a W-2. That means registering for payroll, withholding and depositing employment taxes, filing Form 941 quarterly and Form 940 annually (where applicable), and following Publication 15 for rates and deposit rules. Non-wage distributions can be taken in addition to wages, but they come after paying reasonable compensation. Practical example Assume your 2553 was accepted effective January 1, 2025. For 2025 you run payroll to pay yourself reasonable wages, file 1120-S by March 17, 2026 (March 15, 2026 is a Sunday), and issue yourself a K-1. On your 2025 Form 1040 you include W-2 wages from your S corp and the Schedule E entry from your K-1. You do not file a Schedule C for that LLC. If the IRS letter shows an effective date of July 1, 2025, you’d generally report Jan–Jun activity on Schedule C and Jul–Dec on 1120-S unless you secure late-election relief aligning the election to January 1. State and local considerations Many states require separate S-corporation or franchise filings, estimated payments, or annual fees even if there’s no entity-level income tax. Check your state’s S-corp conformity, filing thresholds, and due dates. For payroll, also register with your state workforce and revenue agencies and follow state deposit and return schedules. Common pitfalls to avoid Don’t file 1120-S unless your S election is actually in effect; the IRS typically sends Notice CP261 confirming acceptance. Don’t skip payroll or set wages unreasonably low relative to your role. Don’t double-report the same activity on both Schedule C and your K-1. Finally, don’t overlook shareholder basis tracking; it affects loss deductibility and the taxability of distributions. Records and elections to keep on file Retain your filed Form 2553 and acceptance notice, EIN assignment letter, payroll registrations, quarterly and annual payroll returns, shareholder basis schedules, minutes/consents approving compensation, and any correspondence related to late-election relief. The Final Analysis Once your single-member LLC elects S corporation status, Form 1120-S becomes mandatory and Schedule C is no longer an option. Stay on top of payroll, compensation, and recordkeeping, and you’ll be in compliance. If you’re unsure about the details, a CPA experienced with small S corps can keep you on track and help you capture the full tax benefits.
Read 1 attorney answer>Child Custody
Custodial Agreement
Texas
Can a custodial agreement be modified if the non-custodial parent is consistently violating the terms?
I am the custodial parent of my child, and the non-custodial parent has been consistently violating the terms of our custodial agreement by failing to show up for scheduled visitations, not providing financial support, and disregarding important decisions regarding our child's education and healthcare. I want to know if it is possible to modify the custodial agreement to ensure that the non-custodial parent is held accountable for their actions and to protect the best interests of our child.
Sarah T.
If the agreement is an out of court agreement, a petition can be filed to obtain a custody order. Once an order is obtained, if a party violates the order, an enforcement action can be filed against them. If the agreement is a court order, it should contain language that would allow for enforcement. Typically, there must be a change in circumstances to request a court order be modified.
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