Two of the most common client frustrations are lack of information and lack of communication. Here, at Harvell and Collins, P.A., we try to do our very best to disseminate useful legal information and increase communication. Our BLOG is just one way that we attempt to accomplish these objectives. Please read through our entries and if there are any particular topics you would like addressed let us know.
Life estates are a valuable estate planning tool, but they come with significant responsibilities and long-term implications. On Let’s Talk Legal, attorneys Cecil Harvell and Wes Collins discussed how life estates work, their benefits in long-term healthcare planning, and the potential conflicts between life tenants and remaindermen. Read More
Cecil Harvell and Wes Collins discussed the concept of life estates, emphasizing the responsibilities of life tenants and the importance of thorough planning to avoid potential conflicts between life tenants and remaindermen. They highlighted the value of life estates in long-term healthcare planning and the tax benefits associated with retaining a life estate. The attorneys encouraged listeners to seek legal advice and ask questions to ensure proper understanding and management of estate planning. Read More
Fiduciary roles come with significant legal and financial obligations. On Let’s Talk Legal, attorneys Cecil Harvell and Wes Collins discussed the responsibilities of executors, trustees, and agents under power of attorney, emphasizing the importance of seeking legal advice early to prevent costly mistakes. Read More
Cecil Harvell and Wes Collins discussed the importance of understanding fiduciary responsibilities, emphasizing that individuals in roles such as executors, trustees, and agents under power of attorney should seek legal advice early in their involvement to avoid complications. They highlighted the implications of mismanagement, including potential litigation and financial penalties, and stressed the need for transparency and communication among family members regarding financial decisions. The conversation concluded with a reminder to consult legal professionals before taking actions that could have significant legal and financial consequences. Read More
Cecil Harvell and Wes Collins discussed the complexities surrounding power of attorney and fiduciary duties, particularly in cases where family members suspect misuse by the appointed agent. They emphasized the legal challenges faced by siblings or children of the principal, who often lack standing to challenge actions taken under a power of attorney unless a guardianship is established. The conversation highlighted the importance of transparency and communication among family members to mitigate potential conflicts regarding estate management. Read More
A durable power of attorney (DPOA) grants an individual the legal authority to manage financial and personal affairs for another person. However, concerns about misuse and lack of transparency can arise, leading to family disputes. On Let’s Talk Legal, attorneys Cecil Harvell and Wes Collins explored the challenges of contesting a power of attorney, the legal standing of family members, and potential solutions such as guardianship. Read More
Corporate Transparency Act- Beneficial Ownership Information Report Fact Sheet Who Must File Both domestic and foreign reporting companies are required to file reports. A company is considered a reporting company if a document was filed with the Secretary of State (SOS) or simila… Read More
Re: Corporate Transparency Act- Beneficial Ownership Information Report Filing Requirement This letter is to inform you that pursuant to the Corporate Transparency Act mostcorporations (including S corporations) and limited liability companies (LLC’s) (ie: reporting companies) f… Read More
Wes Collins from Harvell & Collins discussed the significance of dispositive motions in litigation, explaining their role in potentially resolving cases before they proceed to trial. He highlighted two main types of dispositive motions: 12b motions, which can lead to dismissals based on procedural grounds, and summary judgment motions, which consider evidence beyond the pleadings. Collins also shared insights from recent cases, illustrating the complexities and preparation required to effectively navigate these legal challenges. Read More
Dispositive motions play a crucial role in litigation by determining whether a case proceeds to trial or is dismissed beforehand. On Let’s Talk Legal, attorney Wes Collins of Harvell & Collins explained the strategic use of dispositive motions, including Rule 12(b) motions and summary judgment, and shared real-world case examples demonstrating their impact. Read More
