Family Members

News & Analysis as of

Latest Challenge by IRS to Family Valuation Discounts

Overview. Many sophisticated estate planning techniques include gifts, sales or other transfers to family members that incorporate significant discounts on the value of the property transferred. These discounts can range from...more

New Florida Guardianship Law Takes Effect July 1, 2015

Florida will have a new Guardianship Law effective July 1, 2015. A couple of the more interesting portions include: If a person initiates a judicial proceeding to determine an individual’s incapacity the Power of...more

Recent Trends in Succession & Estate Planning [Video]

The traditional model for business owners to pass their assets on after death to spouses, children and grandchildren is for their professional advisors to suggest a tax-efficient structure which becomes embodied in wills,...more

Be Global - A look ahead to key international employment law developments expected in 2015

In This Issue: - ASIA PACIFIC: - Australia: Gender Equality Reporting Update - China: Predicted Increase in Collective Bargaining - China: Compliance with 10% Cap on Dispatch Workers - Hong Kong:...more

What You Need to Know About DAPA

Often times, an immigrant lacking proper documentation will be the mother or father to a child who is a U.S. citizen or lawful permanent resident, and they face a number of fears about their immigration status, most notably...more

Massachusetts Enacts Parental Leave for Both Mothers and Fathers

In one of his last acts as governor, former-Governor Deval Patrick signed into law on January 7, 2015 an amendment to the previous Massachusetts Maternity Leave Law that extends eight weeks of unpaid leave to both male and...more

Friends and Family: Keeping Loved Ones Safe from Insider Trading Temptations

The holidays are in full swing, and now is the perfect time for executives to renew their determination to protect family and friends by not sharing work secrets with them, even indirectly or obliquely. Each year,...more

Care for parent leads to firing

Can an employer terminate an employee out of a belief that the employee is too distracted from his job duties due to caring for a relative with a disability? That was the issue in the recent case, Kourimihelakis v. Hartford...more

U.S. Immigration Policy Catches Up with Assisted Reproductive Technology

On October 28th, US Citizenship and Immigration Services (USCIS) issued a new policy, clarifying the definition of “mother” and “parent” under the Immigration and Nationality Act, to include a gestational mother who (a) gave...more

USCIS Policy Alert on Effect of Assisted Reproductive Technology on Immigration and Citizenship

USCIS recently issued policy guidance, published in the USCIS Policy Manual and Adjudicator’s Field Manual, related to the use of Assisted Reproductive Technology (ART) and its effect on immigration petitions and derivative...more

USCIS Expands Definition of “Mother” and “Parent” Under the INA

The U.S. Citizenship & Immigration Services (“USCIS”) and the Department of State (“DOS”) have exercised their shared authority and collaborated in the development of a policy expanding the definitions of “mother” and...more

New Law Effective in 2015 is an Important Win for Cottage Owners

On October 9, 2014, PA 310 of 2014 (HB 5552) was signed into law by Michigan Gov. Rick Snyder. As stated in our previous blog, "Cottage Transfers of Ownership without Uncapping Property Tax Broadened Under Michigan House...more

Insurance Coverage – Auto Exclusion for “Nonrelative Resident” not Permitted

Insurance Coverage – Auto Exclusion for “Nonrelative Resident” not Permitted - Court Of Appeal, Fourth Appellate District (September 24, 2014)- Many automobile policies have exclusions against coverage for...more

New Rights to Time Off Work to Accompany a Pregnant Woman to Ante-Natal Appointments and to Attend Adoption Appointments

Employees and certain agency workers in England and Wales who have a “qualifying relationship” with a pregnant woman will have the statutory right to unpaid time off work in order to accompany the woman to no more than two...more

Blood is Thicker Than Water: The Obligation To Bargain Over Nepotism Policies

It seems sensible for an employer to have a nepotism policy restricting the circumstances where an employee may supervise a family member (or make employment decisions such as compensation, discipline, evaluation, or...more

Conflicts & Nepotism – A Dangerous Employment Cocktail

Last week, Alabama Governor Robert Bentley removed Alabama State University Trustee Marvin Wiggins for violating the University’s conflict of interest rules. The removal proved once again that if you are responsible for the...more

How Can I Bring My Family to the U.S. If I Have a Temporary Work Visa?

When a foreign national comes into the U.S. under a temporary work visa, the individual often wants to bring his or her family into the U.S. as well. Depending on the work visa obtained, the duration of the stay, and the...more

Is a Receiver Disqualified if He or She is Related to a Party or a Judge?

QUESTION: My cousin, who is a lawyer, asked me to act as a receiver in a case where he represents the plaintiff. Is there some prohibition on my doing so? Am I ineligible to act as receiver because of our family relationship?...more

Minnesota Enacts the Women’s Economic Security Act Imposing Many New Obligations On Employers

On Sunday, May 11, 2014, Governor Mark Dayton signed into law a package of bills dubbed the Women’s Economic Security Act (“WESA”), which will have significant implications for Minnesota employers. Many of WESA’s provisions...more

Shocker: I Hate Estate Planning

Yes, I know. It’s shocking. The gal that Alexis always talks about being in love with her practice actually hates the words “estate planning”. I hate estate planning because it conjures up the images of a bunch of...more

What A Daughter Learned From Her Dad About Working in a “Mad Men” World

Today is Take Our Daughters to Work Day, which I thought was a lost day but apparently has been re-branded to the more gender-neutral “Take Our Daughters and Sons to Work Day.” Upon discovering that I happened to select this...more

SC Supreme Court Finds Family Member Exclusion In Florida Auto Policy Does Not Violate SC Public Policy

A Florida automobile insurance policy’s family exclusion did not violate South Carolina public policy according to an April 2014 opinion of the South Carolina Supreme Court....more

Reporting Child Abuse

Most health care providers believe they understand their duty to report child abuse, but... There are a number of overlapping and apparently conflicting public policy objectives and the legal requirements can get...more

Paid to Watch T-Ball? Proposed Amendments to Family Medical Leave Act Say Yes

Recently proposed legislation would amend the FMLA to require employers to provide unpaid leave for parental involvement and family wellness. These new proposed amendments would require employers to grant up 24 hours of...more

Newark City Council Passes Paid Sick Leave Ordinance; Mayor Expected To Approve Measure

Executive Summary: Following Jersey City's lead, New Jersey's largest city is poised to enact an ordinance that would require employers to provide up to 40 hours per year of paid sick time to Newark employees. ...more

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