Lange, Quill & Powers, PLCLange, Quill & Powers, PLC2024-03-18T10:42:32Zhttps://www.lqplaw.com/feed/atom/WordPress/wp-content/uploads/sites/1602089/2020/12/cropped-lange-quill-powers-site-icon-32x32.jpgOn Behalf of Lange, Quill & Powers, PLChttps://www.lqplaw.com/?p=472672024-03-18T10:42:32Z2024-03-18T10:42:32Zyou are drafting your business contracts. It is important for both parties to the contract to have language in place stating what happens if it becomes impossible for one party to form. This can prevent future issues.
What could make a contract impossible to perform
There are various reasons why it might become impossible for a supplier or other party to your contract to perform their duties. They may go out of business or forces outside of their control could prevent them from performing.
You should act quickly if this happens to protect your business interests. Closely examine the circumstances and verify that the other party’s reason for not being able to perform is legitimate.
There is a difference between a contract being impossible to perform and difficult to perform. A party is still bound by their contractual obligations if they become difficult or inconvenient to fulfil.
Review your contract language regarding impossibility and see what, if any, conditions there are that would allow you to discharge the contract.
Communication can go a long way
Communicate directly with the other party and see if there is a way to solve the problem. Sometimes a solution is as simple as having a conversation. Determine if they can fulfil part of their obligation or if there is another available alternative.
If you determine that the contract has truly become impossible to fulfil, you can let the other party out of the contract, but you should consider several factors first.
Consider how important this relationship is to your business and if you want the relationship to continue. Review your past dealings with the party. If they have always been a reliable partner, letting them out of the contract might be the best choice for your business.
If this is a newer partner or they have been unreliable in the past, initiating legal proceedings to receive compensation for your damages under the contract could be the better option.
]]>On Behalf of Lange, Quill & Powers, PLChttps://www.lqplaw.com/?p=472652024-03-05T15:23:01Z2024-03-01T15:22:48Zdisputes arise during probate, it is important to understand the resolutions available to you.
Probate process
At Lange, Quill & Powers, PLC, our law firm understands that probate could complicate an already difficult time. While still grieving and coping with the loss of a loved one, the probate process can leave you feeling confused and emotional. With over 40 years of legal experience, our knowledgeable attorneys have handled a vast array of probate matters. Additionally, they have extensive experience in estate planning, which assists our clients when it comes to avoiding probate, resolving disputes and navigating probate.
Disputes during probate
When an estate enters probate, it might feel very procedural and appear to be going well and as it should. However, it is important to be aware of what this process looks like as well as the responsibilities of a will executor and estate administrator. Administrative or accounting errors can have significant impacts, including possible criminal and civil consequences. Furthermore, any mishandlings could lead to disputes and additional hurdles in the probate process.
While the disputes that could arise during probate can be vast and very unique to the matter, there are some common reasons a dispute will need to be litigation for a resolution. This includes will contests, the removal of a trustee, disputes concerning executor fees and issues concerning administrator appointments.
While many seek to evade probate when establishing an estate plan, you cannot avoid probate once the process is deemed necessary. Thus, it is important to understand your situation, the process and what options you have when it comes to issues and disputes that arise. A legal professional can help answer any questions you might have, helping you better navigate the probate process.
]]>On Behalf of Lange, Quill & Powers, PLChttps://www.lqplaw.com/?p=472612024-02-14T16:37:36Z2024-02-16T16:32:28Zprohibit most types of texting and driving, especially for this state’s youngest drivers.
However, there is at least some concern that these laws, as well as the many public awareness campaigns, are not having a meaningful impact.
One problem is that authorities rarely if ever use information from drivers’ phones after an accident to determine if a motorist was texting and driving. Authorities typically only go to the legal trouble of getting this information if they are seriously pursuing criminal charges.
Since motorists themselves have reasons not to admit to being on their cell phones, especially after a major motor vehicle accident, it is quite likely that accidents related to texting and driving are significantly underreported.
Mysteriously, both the number of reported accidents and the number of traffic fatalities has risen in recent years.
The answer might lie in several studies that suggest that anywhere between 20% and 50% of drivers on the road are regularly looking at their phones. They just usually do not admit this behavior to the police when there is an accident.
After an accident, it may take a thorough investigation to uncover the truth
After someone in the Covington area suffers a serious accident, they should recognize that the police report might not contain all the information about what caused the collision.
This is not necessarily the fault of the police at the scene. For example, drivers tend not to report their own texting and driving.
Someone injured in an accident may need to do their own thorough investigation about the cause so that they can get full compensation for their injuries. After all, motorists who choose to text and drive after knowing the consequences for doing so should be held accountable.]]>On Behalf of Lange, Quill & Powers, PLChttps://www.lqplaw.com/?p=472642024-02-16T22:14:24Z2024-02-15T22:12:54Zon the basics is wise from the outset.
Circumstances dictate how to craft an estate plan
People need to look at their personal and professional situation as they create their estate plan. An older person who owns a home, a business and has a spouse, children and grandchildren will have different needs and objectives than a person who is younger and is just starting out in adulthood. This makes it important to ask specific questions when creating the plan.
It is essential to think about the assets a person has, what they are worth, how they want their property to be handled, who their executor will be, what type of plan is right for them, and where all their key documents are. Those who have a business might need to think about a plan of succession. If they are the only one who can run it based on their education and skills, it might be better to order it to be liquidated or sold after death with the proceeds going to loved ones.
Naming heirs is key with a will. The person – known as the testator – could want their spouse to receive the bulk of the assets. They might also have children. In some instances, the person simply splits their remaining property among their kids. In others, they want to have unequal distribution. There might even be a person omitted entirely.
Going point by point, people should pay strict attention to what is most crucial to them. Some want security for their loved ones. Others want to be generous and give much of their estate to charity. There could be a loved one who is handicapped and needs to be cared for over the long term. They could be fearful of being unable to make their own decisions due to a condition or illness and want to have a trusted person handle their affairs if they face this challenge.
Estate planning is imperative and should be prioritized
Regardless of what a person’s objectives are, the fundamentals should come to the forefront by getting started on a will or other estate planning strategy. That means having a plan and seeking guidance to achieve it.
Estate planning does not need to be rushed and it does not need to be complicated. People are prone to putting it off. However, it is a way to make sure their property goes where they want it to and their loved ones are protected. It is critical to put a plan in place and knowing what to prioritize and the options is an essential first step.]]>On Behalf of Lange, Quill & Powers, PLChttps://www.lqplaw.com/?p=472592024-01-30T16:43:47Z2024-02-02T16:24:54Zprobate litigation, they might think about family members fighting amongst themselves or situations where children are pitted against a person’s new spouse.
According to a local bar association for a neighboring state, disgruntled family members most frequently make the following types of legal claims:
That a loved one did not have the mental ability to make a valid will or trust.
Even if they were technically able to make a valid document, another relative unduly influenced the loved one who died to alter their estate plans.
The executor or personal representative has breached their fiduciary duty, engaged in self-dealing or has otherwise fundamentally failed to do their job.
The trust or estate documents are not clear.
Property that should belong to the estate has been lost or mishandled.
While this is a good overview of what sort of disputes commonly erupt between family members, Kentucky and Ohio law may use slightly different terms and definitions.
Also, not every probate or trust dispute is between family members. For example, a deceased person’s creditor or even a government agency may stake a claim to a trust or an estate’s value.
A person should consult an experienced attorney if they have a question about probate litigation in Ohio or Kentucky.
Good communication is one good way to head off probate disputes
Between family members, probate disputes often begin as misunderstandings or breakdowns in communication.
A good, clear estate plan which a person communicates to their loved ones well in advance can go a long way in smoothing over hard feelings that might lead to litigation.
However, sometimes probate or trust litigation is difficult to avoid. In such cases, a Northern Kentucky resident will want to make sure they understand their options and possible strategies.]]>On Behalf of Lange, Quill & Powers, PLChttps://www.lqplaw.com/?p=472582024-01-19T16:52:08Z2024-01-19T16:52:08Zinaccurate land surveys or property records that have not been updated, so they are unaware of where the property line is.
If a person uses another person’s land open and continuously and the property owner does not object to it, the land user may become the owner of the land through adverse possession. This can cause a dispute about who is the rightful owner.
Disputes can also arise where the land use itself has changed, like when the property was in a commercial zone and is now zoned for residential use.
Resolution and prevention
Boundary disputes can be resolved through a traditional legal process where the court can decide the outcome. The parties may also have the option to participate in alternative dispute resolution, where a neutral third party facilitates a discussion between them to find a resolution. If the mediation is successful, the parties can draft an agreement and submit it to the court for approval.
Disputes may be prevented by having the property surveyed regularly so the property owner is aware of the exact property lines. Once they know this information, they can update the property records.
Clear and direct communication with neighbors and the community can limit additional conflicts.]]>On Behalf of Lange, Quill & Powers, PLChttps://www.lqplaw.com/?p=472572024-01-05T11:36:37Z2024-01-05T11:36:37Zcertain rules.
Piercing the corporate veil
One of the main risks that LLC and LLP owners face is the possibility of the legal doctrine known as piercing corporate veil. This allows a court to hold entity owners personally liable for the company’s debts and obligations.
Piercing the corporate veil can happen when an entity is used to abuse the law (i.e., commit fraud, evade taxes, etc.). It can also happen when an entity fails to maintain its legal formalities (i.e., holding meetings, filing annual reports, etc.).
Personal guarantees
Another way that LLC and LLP owners can destroy their limited liability status is by signing personal guarantees for their entity’s debts or obligations. These are often required by lenders, suppliers, etc., who want to reduce their risk.
Alter ego liability
A third way that LLC and LLP owners can destroy their limited liability status is by becoming an alter ego of their entity. This is a situation where an owner exerts such complete control that the entity becomes indistinguishable from the owner’s personal affairs. This can happen when the entity’s separate existence is disregarded, the owner uses the entity for personal purposes or the owner uses the entity to manipulate it to avoid creditors or liabilities.
Conclusion
Owning an LLC or an LLP in Kentucky can provide many advantages for entrepreneurs and professionals who want to protect their personal assets and enjoy tax flexibility. However, these advantages are not absolute and can be jeopardized by careless or fraudulent actions that undermine the entity’s legitimacy.
]]>On Behalf of Lange, Quill & Powers, PLChttps://www.lqplaw.com/?p=472562023-12-28T18:48:19Z2023-12-21T18:47:08ZReasons for non-payment
A commercial property owner can face financial hardships, such as business losses or downturns in the economy that make them unable to pay their mortgage. The owner also may not be able to pay for insurance and their yearly property taxes, which can also result in foreclosure.
Sometimes, there is a change in the real estate market that causes the property to lose its value. The market can also be affected by increased interest rates. This may be especially difficult for the property owner where they have an adjustable-rate mortgage. The higher interest rates lead to a higher monthly payment.
The property owner may also have difficulty if they or their business partners have mismanaged the business.
Foreclosure process
The foreclosure process for a commercial property begins when the mortgage lender sends the borrower a default notice, which provides a time frame to make a payment. Under some mortgage terms, this means the borrower must resume making the monthly payment along with overdue payments. In other situations, it means the borrower must pay the entire loan balance.
If the borrower does not pay, the lender can file a notice of foreclosure with the court. If the lender sells the property and there is still a balance owed, the lender can pursue the borrower for that amount.
If the lender receives more from the sale than the balance owed, it may be required to return that amount to the borrower.]]>On Behalf of Lange, Quill & Powers, PLChttps://www.lqplaw.com/?p=472552023-12-18T16:56:11Z2023-12-15T16:50:00ZNational Highway Traffic Safety Administration estimates that almost 80% of accidents and 65% of near-accidents involve some type of distraction within just three seconds before the crash. These statistics are especially alarming considering that by now everyone should know how dangerous it is to drive distracted.
Kentucky’s distracted driving laws
Like many states, Kentucky has enacted laws against distracted driving. Kentucky law prohibits all drivers from using a personal communication device, usually a cell phone, to write, read or send an email or text message while driving a car that is in motion.
The use of any cell phone is prohibited for all drivers under the age of 18. There are some exceptions to these laws, including using a cell phone to call the police or public safety, call for emergency medical help, report a crime or illegal activity or use a GPS system.
Not all distractions involve a cell phone. There are many other forms of distracted driving. Eating, drinking, talking to a passenger or looking out your window at your surroundings are considered distracted driving. Having children or animals in your vehicle also increases the chance of distracted driving.
When you are the victim of an accident and believe the other driver was distracted, you have a right to compensation through a personal injury action.
Ways to prove another driver was distracted
Personal injury claims are based on the legal concept of negligence. Distracted driving is negligent driving, but it could be challenging to prove the other driver was distracted.
There are potential ways to prove the distraction. Obviously, if the other driver admits that they were focusing on something else besides driving, such as texting, this is strong evidence of distraction.
You can subpoena the driver’s phone records and look for evidence that they were making or receiving a call or text at the time the accident occurred. There might be witnesses to the accident who can testify to seeing the other driver’s distraction. Photos or videos from surveillance cameras can also be valuable pieces of evidence to prove distraction.
Comparative negligence
Kentucky has a comparative negligence law. This means even if you prove the other driver was distracted and caused the accident, the amount of any compensation you are awarded could be reduced by your own percentage of fault.
For example, if you seek $100,000 in damages from the accident, but a court determines that the other driver was 50% at fault for the accident by being distracted, but you were 50% at fault because you were speeding, you would only be awarded $50,000.
Being injured in a distracted driving accident can affect your physical, mental and emotional health. You may feel overwhelmed after the accident and not know where to start.
The personal injury claim process can be complex but it is important to help you hold the other driver accountable and get the compensation you need so you can focus on healing and moving forward.]]>On Behalf of Lange, Quill & Powers, PLChttps://www.lqplaw.com/?p=472542023-12-18T10:46:05Z2023-12-07T10:44:24Zcoverage to date illuminates the extent of the disruptions that a collision of two of these highway behemoths can cause.
The incident
According to Kentucky State Police, two commercial tractor-trailers were travelling north on I-65. They were keeping pace with one another when one of the trucks attempted to pull ahead of the other truck. This attempt caused the two trucks to side-swipe each other. One of the trucks pulled ahead and stopped in the gravel portion of the roadway. Both trucks then stopped in the right-hand lane of travel.
Police believe that the two trucks caused a chain reaction collision that ultimately involved six vehicles. One vehicle was a Ford F-250 driven by a man from Rineyville, Ky. The coroner pronounced the driver of this vehicle dead at the scene.
The drivers and passengers from other vehicles were taken to nearby hospital for treatment of their injuries. The driver of the truck that started the chain reaction was arrested and charged with wanton endangerment of human life in the first degree and taken to the Hart County Jail.
Liability
This accident will no doubt produce multiple claims for damages persons who suffered injuries in the accident. The driver of the truck that started the collision will undoubtedly be the main focus of damage claims, but further investigation may demonstrate that other parties bear a share of the liability.
Moreover, parties facing liability for a significant share of the damages will look for other individuals who may have acted negligently in the few seconds after the initial collision. Ultimately, a large number of attorneys will be asked to evaluate the facts and provide estimates on potential cross-claims.
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