Aug 2020
10th Aug 2020

Today’s Contract Caution-Attorney’s Fees

Today’s Contract Caution: Dark Secret-Beware of who pays for Attorney’s Fees and Courts Costs in contracts. This clause is often weaponized by attorneys to beat the opposing party into submission because attorney’s fees often EXCEED the actual damages claimed by the party suing you. IF you believe you may be a defendant in a contract it is best just to scratch through this clause in a contract.
6th Aug 2020

Today’s Contract Caution: Indemnification

Today’s Contract Caution: Indemnification - essentially means you will pay the damages and cover the costs (attorney’s fees plus) of someone else’s lawsuit. They are shifting as much liability to you as they can. It is good to have an indemnification clause in your favor and bad if it is against you and perhaps ok if it is mutual. Our Mission-Add Real Meaning & Value to You. Remember, the Serpent is often in the details we don't want to deal with.
Jun 2020
29th Jun 2020

Revocation of Will by divorce (a dry place) 1-29-20

Once upon a time, the issue came before us of a former spouse that was named as the sole beneficiary of her ex-husband’s Will and she was also named as his personal representative/executrix (the “CEO”) of his estate in his Will that he made/executed (i.e. signed and put into effect legally) prior to their divorce. The contingent beneficiaries in the Will were their children. The former spouse wanted to probate this Will as the executrix and turn the assets over to her (their) children according to the Will, BUT by law she cannot.

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§43-8-137, Code of Alabama states in part: “If after executing a will the testator is divorced … the divorce revokes any disposition…of property made by the will to the former spouse, … and any nomination of the former spouse as executor, trustee, or guardian, [is treated as if] … the former spouse failed to survive the decedent….

10th Jun 2020

Safe with a Trust

Safe with a Trust: A Trust is an agreement with some you "trust" (Trustee) to do what you want them to do for someone else (Beneficiary). If drafted well a Trust can often protect against creditors/lawsuits and bypass Probate. I believe a Trust is a near essential when Estate Planning for minors.

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Apr 2020
19th Apr 2020

Signing Contracts for LLCs

How to sign a contract for a Limited Liability Company in Alabama:

When entering into an agreement for the LLC (your company) you should sign as follows:

(signature) John Doe, President of
Widget Enterprises, LLC

Signing as shown above is intended to limit your personal liability in contracts to the LLC.  This only works though, if you make sure the contract states in the initial recital that this agreement is between: Other Person/Company  and Your Company, LLC, but NOT YOU PERSONALLY.   Once again, make sure the agreement does NOT add your personal name in the contract or the initial recital of the contract.

Huntsville LLC

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17th Apr 2020

Non-Profits Take Note!

Electronic filing mandate for Forms 990 and 990-PF
Effective for tax years beginning after July 1, 2019, the Taxpayer First Act requires organizations exempt from taxation to file their annual Form 990 and Form 990-PF returns electronically, unless covered by one of the exceptions listed in the form instructions. Form 990-EZ filers are required to file electronically for tax years ending July 31, 2021, and later. IRS will be sending an educational letter (Letter 6194) to organizations that filed paper Forms 990 or 990-PF prior to 2019. There is no need to reply to the letter.

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Mar 2020
24th Mar 2020

Lease-Term and Commencement

When Reviewing a Lease Seriously Consider the Term and Commencement Clause and any Outs You May Need.

For Example we once provided the below counsel to an LLC Client
Term and Commencement
[In consideration that most business struggle their first five years and that conditions change rapidly during that time it seems unreasonable to us to commit to a ten (10) year lease as a matter of business not law.]

20th Mar 2020

Alabama Will or No Will – Have Spouse, No Children.

NO Will in Alabama. If you have a spouse, but NO children, then your spouse inherits the first $100,000.00 of your estate and ½ of the rest, and YOUR PARENTS receive the balance. If you want to change this we can help you do so with an Alabama Will --- contact us today.  Blog Post:  (4-NO Will In Alabama-Have Spouse Parents No Child 1-20-20)

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20th Mar 2020

Coronavirus disease (COVID-19) Response – Reaching New Heights -When Times Are Low

McCartha Law is still providing exceptional Teaching, Equipping, and Legal Protections with our Wills, Estate Planning, and Probate services, along with our Limited Liability Company (LLC) formations, and our Non-Profit (501c3) Formations and 1023 Applications with the IRS.  As a matter of fact, we are able to do some of these services either mostly or exclusively online with you through emails, teleconferencing, and Zoom! 

Consequently, for many of our clients it is a down time to reach new heights and begin their new business (LLC or Nonprofit) and/or a time to finally solidify your Estate Planning Needs with genuine understanding.

For those of our clients who continue to need in person
meetings we haven’t gone anywhere and we are still at the office and at work
--- which we are more able to do than other businesses due to the small size of
our family law firm.  Nevertheless, we do
employ the following preventative guideline FREQUENTLY to keep our prevention
record stellar.

WE Wash our hands frequently

Regularly and thoroughly clean your hands with an
alcohol-based hand rub or wash them with soap and water.

Why? Washing your hands with soap and water or using
alcohol-based hand rub kills viruses that may be on your hands.

WE work to Maintain social distancing while still being

Maintain at least 3 feet between each other and particularly
6 feet distance between ourself and anyone who is coughing or sneezing.

Why? When someone coughs or sneezes they spray small
liquid droplets from their nose or mouth which may contain virus. If you are
too close, you can breathe in the droplets, including the COVID-19 virus if the
person coughing has the disease.

WE Avoid touching eyes, nose and mouth --- we have found
this is more difficult than it seems --- how about you?

Why? Hands touch many surfaces and can pick up
viruses. Once contaminated, hands can transfer the virus to your eyes, nose or
mouth. From there, the virus can enter your body and can make you sick.

WE Practice respiratory hygiene

Make sure you, and the people around you, follow good
respiratory hygiene. This means covering your mouth and nose with your bent
elbow or tissue when you cough or sneeze. Then dispose of the used tissue

Why? Droplets spread virus. By following good
respiratory hygiene you protect the people around you from viruses such as
cold, flu and COVID-19.

Jan 2020
22nd Jan 2020

What Happens If My Trustee Resigns or Dies in Alabama?

Well, if that happens the the Code of Alabama in Section 19-3B-704 has an answer to that and it states, in relevant part to the Trusts we draft, as follows:

Section 19-3B-704
Vacancy in trusteeship; appointment of successor.
(a) A vacancy in a trusteeship occurs if:

(1) a person designated as trustee rejects the trusteeship;
(2) a person designated as trustee cannot be identified or does not exist;
(3) a trustee resigns;
(4) a trustee is disqualified or removed;
(5) a trustee dies; or
(6) a guardian or conservator is appointed for an individual serving as trustee.

(b) If one or more co-trustees remain in office, then a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.

(c) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority:

(1) by a person designated in the terms of the trust to act as successor trustee;

(2) by a person appointed by unanimous agreement of the adult qualified beneficiaries and any entity which is a qualified beneficiary; or

(3) by a person appointed by the court…

(f) If a person is acting as the sole trustee of a trust and if there is no provision in the trust for a successor trustee, then the sole trustee and the adult qualified beneficiaries, by unanimous written agreement, may designate a successor trustee, which shall become trustee of the trust upon the vacancy in the trusteeship. The agreement may be recorded in the probate court or filed in the records of the trust.

(g) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.

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