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Business Organization Family Law Civil Procedure

Read Business Organization updates, alerts, news, and legal analysis from leading lawyers and law firms:

If You Expect to Work in the Family-Owned Business for Life, Be Sure to Get It in Writing

by Murtha Cullina on

Family-owned businesses often employ multiple family members. Even if there is an expectation that employment will continue indefinitely, the company and the family member employees both usually reserve the right, explicitly...more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

by Carlton Fields on

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

Recent Cases of Interest to Fiduciaries

by McGuireWoods LLP on

Berlinger v. Wells Fargo, N.A., Case No. 2:11-cv-459-FtM-29CM, 2015 WL 6125529 (M.D. Fla. Oct. 16, 2015) - Discretionary distributions to beneficiary which were used in part to satisfy alimony obligations were not...more

Can a Receiver’s Appointment Be Declared Void by Another Court?

by Ervin Cohen & Jessup LLP on

QUESTION: I am a receiver appointed pursuant to stipulation in an action pending in superior court between a husband and a wife over the operation of a business they own. After operating the business for many months, I agreed...more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction (Updated)

by Carlton Fields on

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

Divorce and the Entrepreneur: Part 2

by Burns & Levinson LLP on

Massachusetts is an equitable division state. This means that all property, whenever and however acquired, may be subject to division as well as utilized for support in a divorce case. If you are an owner or a shareholder in...more

Statute Of Limitations Quiz

by Charles (Chuck) Rubin on

Facts & Law: A. Income taxes must be assessed within 3 years of the later of the date the return is filed or the due date of the return. B. However, the assessment period remains open indefinitely “in the...more

The trustee is not relieved of the duty to defend the trust just because the beneficiary happens to be getting divorced.

by Charles E. Rounds, Jr. on

The trustee's primary allegiance is to the beneficiary, not to the non-beneficiary spouse or ex-spouse, unless the express terms of the trust provide otherwise. Thus, when there is marital discord, the trustee must suppress...more

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