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Wiley & Mathews
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North Canton, Ohio legal blog

What are some good reasons to challenge a will?

If one of your relatives dies in Ohio leaving you nothing or less than you expected to receive in his or her will, is this a sufficient reason to challenge that will? Per FindLaw, the answer is no. Instead, you must have other far more important grounds to successfully challenge a will.

What might those grounds be? Lack of testamentary capacity and undue influence represent the two most successful will challenge grounds.

Understanding how a company buyout could benefit you

Operating a business is hard work and one that constantly has you thinking on your toes to find innovative ways to further your organization's initiative to stay competitive and current. At Baker, Dublikar, Beck, Wiley & Matthews, we have helped many business owners in Ohio with the next steps of their business development. 

Your consideration to buyout another company is one that should not be taken lightly. Each angle of your potential move should be thoroughly examined and analysis should be completed to explore different outcomes by creating scenarios designed to get a glimpse of how your decision could affect your organization going forward. Understanding the benefits of going forward with a buyout can be incredibly helpful in supporting your decision and helping you feel confident about making the right choice. 

Discussing your estate plan with loved ones

Estate planning can be challenging for a multitude of reasons, but your it is especially important to focus on how your estate plan will affect those you love. Many people decide to list their children and other relatives as beneficiaries, but they may be unsure of how to divide their assets between those they love. Or, they may have no idea who to place in charge of the estate plan. In some cases, someone may not even know which type of estate plan is best, since there are so many options. Sometimes, discussing these issues with loved ones can be very helpful.

By talking with your loved ones, you may be able to develop a better idea of their needs and unique abilities. For example, you may have a lot of cryptocurrency investments, and you could find out that one of your relatives is especially familiar with cryptocurrency. Or, you may come to the conclusion that one of your family members is not ready to take on the responsibilities that are associated with being the executor of an estate. Sometimes, there can also be hard feelings between family members regarding the way in which an estate is split up, and communication can help ease this burden in some instances.

Going to court over wage violations

From sexual harassment to wrongful termination, our law firm has gone over some of the reasons behind business lawsuits. As almost every business owner who has been to court knows, these cases can be very tough for a multitude of reasons. In this write-up, we will explore some of the reasons behind business litigation resulting from allegations of wage violations. It is extremely important for you to protect your company if this situation has arisen and recognize just how much may be at stake.

These lawsuits may be brought up by current employees or former staff members, and they can carry a harsh stigma. In the event that the outcome of litigation is unfavorable, the consequences could be highly damaging, not only with respect to your company's bottom line but its reputation too. Whether an employee accuses your company of denying overtime pay or breaks or failing to compensate them after their position was terminated, the details of the case need to be examined closely.

Business liability insurance protects companies and customers

One of the most important things that people who run small or medium-sized businesses can do is take out insurance before they open their doors to the public. Insurance policies protect businesses, and they also extend important protections to customers and clients.

Whether the company goes to people's homes to provide a service or has a retail facility where people come to shop, an insurance policy can protect the business from liability and protect its customers from unexpected losses and damages caused by accidents or oversights. 

Signs that an executor isn't upholding their fiduciary duty

The process of monitoring an estate doesn't end when an executor assumes their role and begins managing the estate. While many heirs and beneficiaries feel tempted to wait for the executor to handle everything, they should remain at least somewhat engaged in the process. Failing to do so could have serious consequences down the road.

For example, if the executor or administrator for a loved one's estate isn't doing their job properly, that could leave the estate with significantly diminished assets. This is particularly true when an executor decides to abuse their position of fiduciary duty for personal benefit.

Strong emotions and business lawsuits

If your company is being taken to court, there are all sorts of consequences you could worry about and your life may have been disrupted in different ways. Aside from the time that can be lost to business litigation, these cases can also be very costly and may impact a business' future, in some instances. There are other consequences that may come with a business lawsuit, however, and they are not always so evident. For example, the emotional toll of business litigation can be overwhelming and business owners may be emotionally affected by litigation in a number of ways.

Lawsuits targeting a business can certainly result in high levels of stress. Aside from anxiety and sleepless nights, some people may even become angry as a result of litigation, especially when it is unwarranted or involves false allegations. After all, it can be very upsetting to know that one's business has been unfairly targeted and has sustained damage to its reputation as a result of the situation. On top of these feelings, some people may also become depressed as a result of the legal challenges they are facing, which can cause them to lose motivation and adversely impact their business in other ways.

Living wills versus health care proxies

When it comes to planning ahead with respect to one’s estate, there are all sorts of options to look over and take into consideration. Not only do many people plan ahead regarding their assets, but it is also smart for people to think about health care matters that could affect them in the future. For example, many people want to grant a loved one the power to make crucial health care decisions in the event that they become incapacitated. Some may do so by creating a living will, while others may set up a health care proxy.

Living wills allow people to designate whether they want certain types of medical treatments in the event that they are unable to speak for themselves. For example, someone can outline whether they want to be resuscitated. On the other hand, some people decide to designate a health care proxy who will be able to make crucial decisions for them should they find themselves in such a position. Also known as a durable power of attorney for health care, setting up a health care proxy allows another person to make health care decisions for you if you cannot do so yourself.

Maintaining your composure during an oil and gas dispute

Running an oil and gas company can be tough, but there are times when daily life can seem unmanageable due to business-related challenges. For example, a bitter dispute that results in litigation can be incredibly overwhelming from a financial and mental point of view. If you are in the middle of an oil and gas dispute, or you sense that one is right around the corner, it is crucial for you to maintain your composure and take the right steps in order to protect your company's reputation and financial future.

There are a variety of ways in which oil and gas company owners can maintain their composure during such a trying time. First, it can be helpful to take accountability when necessary but to firmly stand up against any false allegations or incidents that are blown out of proportion. You should try to avoid taking these issues personally, as difficult as that can be and realize that often it is just business. It is also very important to try to stay positive, since that may help you present your case properly and handle these challenges efficiently.

Business lawsuits over gender discrimination

Every day, workers across the country are subjected to discrimination on the basis of their gender, which takes various forms. From denied applications solely because of one’s gender to wrongful termination and other workplace issues, this discrimination takes on many forms. Sometimes, those who have been subjected to discrimination decide to take legal action. A lawsuit may involve only one worker, or it may include a group of employees. If you run a business and your company is taken to court over allegations of gender discrimination, it is crucial to go over the situation closely.

Sometimes, workers who have experienced gender discrimination file a complaint or settle the matter outside of court, while others are determined to file suit and secure compensation while damaging the reputation of the company they used to work for. Moreover, in some instances these lawsuits may include fabricated details or there may not have been any incidents of unlawful discrimination. Workers may falsely accuse an employer of discriminating against them because they want to seek revenge or gain access to money they should not receive, for example.

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