Blog, Community, Estate, Events, News
COVID-19: Does Your Family Have A Plan?
Everyone should have a durable health care power of attorney in place and a living will. The COVID-19 pandemic makes me anxious and when I’m anxious, I need to channel that anxiety into action. You probably do, too. Your first action, of course, should be to follow the advice of public health professionals. Diligently wash your hands, self-isolate as long as we’re under restrictions, and stay at least six feet away from others if you have to go out. This will greatly reduce your risk of contracting or spreading the COVID-19 virus, according to epidemiologists. But that doesn’t help you plan for unexpected outcomes and long-term issues that impact your finances and your family’s well-being. Think about the following: What would happen if you were unable to make or communicate financial and personal decisions for several weeks due to a critical illness? Are you the family’s bill-payer? Does anyone else know the log-in and password information for your on-line utility accounts, or your bank account, in case you’re incapacitated? If you became sick suddenly, and were away from your home for an extended period, who would take care of your child, pet, or mail? How would your bills get paid? One positive action you can take while you’re working from home is to plan and prepare for your family’s future by completing a few key estate planning documents. Having your wishes documented and creating a formal plan to manage family finances and everyday needs should be a crucial first step. Face it, most of us have put…
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Acquisitions of Privately Held Companies
KGR partner Brian Bosma authored Representing Buyers and Sellers in Acquisitions of Privately Held Companies for a Continuing Legal Education seminar, and is making the paper available for download here. The paper informs the reader of issues typical faced by attorneys in purchase and sale transactions. It is not intended to be a comprehensive treatise on asset or stock purchase sales or procedures, but does provide a basis for discussion with a qualified professional and informs the reader of issues to be aware of and to discuss with a qualified professional to determine how they apply to the reader’s situation. The paper is not to be considered as legal advice or as a substitute for legal advice, and it is not intended to create, nor does it create, an attorney-client relationship. We encourage you to download the paper and learn about: The attorney’s role: The various roles an attorney plays in business and real estate transactions as well as the preparation necessary to fulfill the roles and be knowledgeable in diverse areas of the law and skilled at recognizing issues requiring special expertise and assistance. Setting client expectations: Understanding the client’s needs and identifying the nature of the engagement. Drafting transaction documents: A well drafted agreement ensures the parties deal with and resolve problems initially and prevents disagreements and closing delays. The drafting process requires identifying the details of the transaction, controlling the process, using forms when appropriate, drafting with clarity (identifying the seller and purchaser, defining terms, outlining the transaction, client review, and revisions and…
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Hamilton To Speak At ICLEF Seminar
Anne Hamilton will be speaking at the upcoming Estate & Probate Administration seminar on July 22, 2015, presented by the Indiana Continuing Legal Education Forum. Anne focuses her practice on estate planning, estate and trust administration, income tax planning, charitable giving and special needs planning. Ms. Hamilton counsels families, business owners, and individuals assisting them in developing and defining their personal intentions and financial objectives as they relate to their estate plans. For more information on the ICLEF seminar, please visit their website www.ICLEF.org
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Kinsey to Speak About Self-Publishing From the Author’s Perspective
Partner and author, Madalyn S. Kinsey will be speaking at the Columbian Business Network’s luncheon meeting on September 19, 2014 at The Columbia Club. She will be speaking about “The Ins and Outs of Self-Publishing” from her perspective as a published author. Kinsey is the author of The Ghost of Cheeney Creek, released in April 2014. Information about the book is available on Amazon and Barnes & Noble websites. For more information on the CBN luncheon, please visit their website.
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Kinsey to Speak on the Topic of Loan Documentation and Lender Liability
Partner, Madalyn S. Kinsey will be speaking on Loan Documentation and Lender Liability on July 22, 2014, at the Central Indiana RMA Commercial Lending School. The RMA Commercial Lending School is an annual three-day educational program held July 21-23 for financial services professionals, including commercial lenders, underwriters, credit approvers, bank examiners, and accountants. Other speakers include senior officers and officials from the U.S. SBA, Cambridge Capital, Huntington National Bank, Regions Bank, US Bank, BMO Harris Bank, Old National Bank, Katz Sapper & Miller, and Alerding & Co. For more information on this program click here.
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Anne Hamilton elected to the Indiana State Bar Association’s Trust and Estate Specialty Board
Anne Hamilton of Kroger, Gardis & Regas was elected to the Indiana State Bar Association’s Trust and Estate Specialty Board. Anne is a Board Certified Indiana Trust and Estate Lawyer; she focuses her practice in the areas of estate planning, estate and trust administration, charitable planning, special needs planning, guardianships, and estate and income tax planning.
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Does contamination mean a reduction in property value?
Is benzene under your home bad? Depends. Earlier this year, the Seventh Circuit Court of Appeals heard the case of Parko vs. Shell Oil, 739 F.3d 1083. Although this is essentially a loss of property value class action case, Judge Posner gave us several of his patented pithy sayings, this time about toxic torts. In Parko, a Shell refinery operated for ninety years across the street from the Plaintiffs’ subdivision. Benzene was found under the homeowners’ property although the groundwater was not being used as a drinking water supply. Plaintiffs’ sued as a class for the loss of their property values. Cutting to the chase, Judge Posner observed that: There are many things commonly found in soil beneath rural or suburban houses that homeowners would very much like not to enter their homes (such as earthworms, fungi, ants, beetles, slugs, radon, chemical residue, thousands of different types of microbes – and groundwater), but as long as there is no danger of such unwanted visitors their underground presence should not affect property values. Benzene in the water supply is one thing; benzene in groundwater that does not feed into the water supply is quite another. (emphasis added) The Seventh Circuit sent this case back to the trial court to take evidence on these issues before granting a class certification. Most importantly, this gives us insight into the Seventh Circuit’s analysis of whether property values are affected simply because the groundwater is contaminated.
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Phase 1 Environmental Site Assessments Revised
Just when you think you understand what “due diligence” means, somebody goes and changes the rules. The standard the environmental community has used for the past 8 years for conducting Phase 1 Environmental Site Assessments was revised recently by the American Society for Testing and Materials (ASTM). US EPA has now formally adopted the new standard (ASTM E 1527-13) as satisfying the “all appropriate inquiry” rule for parties seeking protection from liability under CERCLA or the Superfund law. US EPA will remove the prior standard, ASTM 1527-5, from All Appropriate Inquiry Rule in the near future. ASTM E 1527-13 is more stringent and adopts additional environmental conditions that must be reported. These generally deal with past remediation efforts where some contamination remains in place and the property is subject to engineering or institutional controls. Vapor intrusion must also be investigated and the impact of subsurface contamination on indoor air quality must be considered. Air quality concerns have typically been excluded from prior Phase 1 environmental audits. Purchasers seeking liability protection under CERCLA should now instruct your environmental consultant to use ASTM E 1527-13.
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Anne Hamilton to Present ICLEF Seminar on December 20, 2013
Anne Hamilton, of Counsel at KGR, will present at ICLEF’s seminar “120 Hot Tips in Probate, Guardianships, Trusts and Tax” on December 20, 2013. This rapid-fire approach to seminar presentations will feature 24-fifteen minute presentations on subjects including “Why Not to be a Trustee,” “Retirement Accounts,” and “Post Divorce Planning.” Anne is a Board Certified Indiana Trust & Estate Lawyer that will be sharing her knowledge on TOD transfers. For more information about this presentation, please visit ICLEF’s website.
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Attorney, James Lauck Honored
On Tuesday, October 29, 2013, James G. Lauck was honored by Hoosier Park Racing & Casino and Indian Grand Racing & Casino for his eight years of service as a member of the Indian Horse Racing Commission. Jim served on the Commission from 2004-2012. The purpose of the HRC, which was established in 1989, is to develop the Indiana horse racing community and regulate pari-mutuel wagering.
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