Kalled Law Offices, PLLCKalled Law Offices, PLLC2024-03-20T05:10:33Zhttps://www.kalledlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1602641/2021/06/cropped-favicon-32x32.pngOn Behalf of Kalled Law Offices, PLLChttps://www.kalledlaw.com/?p=476502024-03-15T21:34:40Z2024-03-20T05:10:33ZHow contingencies work
A contingency is an express provision describing a circumstance under which the prospective buyer will or will not have to close on the deal. Most large transactions involving capital equipment or real estate include contingencies which are addressed during the negotiations for the purchase and sale. Among other things, contingencies allow for the penalty-free cancellation of a transaction in certain scenarios.
Contingencies that are common in aircraft transactions include a description of essential documentation to come with the aircraft, the nature of the maintenance history, the presence of any damage history, the avionics and special equipment to be included, the certification status of the aircraft, the time, place and scope of any pre-purchase inspection to be performed, or the approval of financing, to name just a few. Test flight contingencies may also be warranted. Inspections frequently reveal issues with an aircraft which may require a major expense to repair. Carefully worded language describing these contingencies in the offer letter can protect those hoping to acquire an aircraft free from defects or unplanned expense.
Generally, those listing an aircraft for sale have a common law obligation to disclose known defects. Best practices for sellers and brokers often include examination of the maintenance certifications to verify the aircraft condition prior to listing. However, some people may not maintain their aircraft in accordance with sound judgment or the aviation regulations. Some people may perform poor quality maintenance which can only be identified by a thorough pre-purchase inspection. Buyers should never assume that an aircraft is truly in an airworthy condition without having a thorough inspection and flight test performed on their behalf.
While certain contingencies may reduce a seller's interest in a buyer's offer, their inclusion is crucial to protect those contemplating such a major investment. Putting together offer letters customized to the type aircraft and deal preferences during the negotiations of an aircraft acquisition can make the transaction into a successful and satisfying one for the careful buyer.]]>On Behalf of Kalled Law Offices, PLLChttps://www.kalledlaw.com/?p=476492024-02-26T05:18:58Z2024-02-29T05:18:45ZLack of communication
One of the most telling signs that your marriage may be over is a significant lack of communication. When you no longer share your thoughts, feelings or daily experiences with your spouse, the emotional bond that forms the foundation of your marriage starts to erode.
Planning a future without your spouse
Another significant indicator is when you start planning your future without considering your spouse. This could involve making major life decisions—such as career moves, financial planning or choosing a living situation—without involving your spouse in the decision-making process. When envisioning life ahead brings relief or excitement at the prospect of doing so alone, it suggests a deep disconnect and a likelihood that your marriage is beyond repair.
Reduction in arguing
A reduction in arguing can also signal that your marriage is over. While constant arguing is often seen as a sign of a troubled relationship, the sudden absence of conflict can indicate resignation or indifference. This detachment can signify that both parties have emotionally moved on, even if they haven't physically separated.
Preparing for divorce
Recognizing these signs is a critical step toward accepting that one’s marriage may be over and beginning the process of preparing for a divorce. This preparation involves several practical considerations, such as understanding your legal rights, organizing financial documents and considering living arrangements post-separation.
You have to consider several things when you’re getting ready for a divorce. Two primary considerations are property division and child custody (if applicable). Having a legal representative explain your options to you and help you develop your plan for moving forward may help to take some of the stress out of this situation, if it occurs.]]>On Behalf of Kalled Law Offices, PLLChttps://www.kalledlaw.com/?p=476392024-02-01T15:01:08Z2024-02-02T07:38:02ZResources are at risk as people age
Living on a fixed income during retirement can be challenging. Older adults may have difficulty adjusting to inflation and cost-of-living increases. If they have any unplanned expenses, such as uninsured medical bills, they may end up with debts that they have no means to pay.
Creditors, including hospitals and other medical facilities, might take legal action against older adults. They may take legal action to place liens on their real property or other assets. Judgments in favor of creditors may severely impact a person's resources and income during their retirement.
For a limited period of time, these risks persist even after someone dies. Creditors can make claims against a person's estate once it is opened. Medicaid may demand that a person's estate pay for the covered treatment they received prior to their death. Asset protection planning may help preserve resources by protecting them from creditor claims as people age, and during the settlement process of their estate.
What asset protection planning involves
Asset protection planning may not be for everyone. It typically requires a person to identify their valuable assets, determine how much of that they need to live, and how much of their resources they can shelter. Once they do that, they adjust how they own or hold those assets to place them beyond the reach of creditor claims.
An example would include funding a trust with assets that you do not need for your ordinary expenses of living. Once placed in such a trust, which becomes the new owner of those assets, the trust assets will no longer be at risk from a creditor. Those assets also do not become part of your estate during the settlement process.
Some people make gifts carefully timed during their retirement. Others may grant joint ownership of certain valuable properties with their spouses or loved ones. The type of property one owns, and the identity of the people they want to benefit from those assets will influence the strategy they choose. Creating a comprehensive list of your property, giving thought to the people you want to benefit with that property, and considering how and when you want to benefit them, is a good first step in assessing whether an asset protection plan is right for you.]]>On Behalf of Kalled Law Offices, PLLChttps://www.kalledlaw.com/?p=476352023-12-26T13:21:43Z2023-12-29T08:17:53Zuncontested divorce. If you are looking for a way to minimize stress and heartache, and to preserve the emotional security of your minor children, an uncontested divorce may be the best option to achieve those desirable benefits. In a nutshell, it is a process wherein both parties reach agreement on all the terms and conditions of ending their marriage and resolving parenting and support issues without a trial.
This approach offers numerous potential benefits. But it also requires both spouses to refocus their attention from a short-term "what's best for me" approach to a longer-term "what's best for all of us" approach. This is particularly beneficial when minor children are involved. It is also the most effective way to ensure that more of your marital estate is divided between the spouses rather than expended in a protracted legal battle in court. To achieve an uncontested divorce requires a great deal of preparation in the early stages for both sides, and also requires a great deal of self-discipline on the part of both spouses. The focus must be on collaboration rather than contention. A collaborative spirit can significantly reduce the emotional toll on everyone involved, and experienced attorneys are happy to assist parties to achieve this kind of peaceful result.
Advantages of an uncontested divorce
Children often suffer the loss of emotional security in divorce, and in the most contentious cases, wind up being used as instruments of the warfare between mother and father. Volumes have been written about how much lasting damage this causes to minor children. Mature, loving parents will do all that they can to avoid that. Opting for an uncontested divorce can help eliminate this harmful dynamic because it encourages an amicable atmosphere between mother and father, which the children will see and take comfort from. Overall, it reduces the adversarial nature of contested divorce proceedings.
Uncontested divorces generally move more quickly through the court system, and are more cost-effective than their contested counterparts by avoiding lengthy court battles. In this way, couples can allocate more time and resources toward safeguarding the well-being of their children and themselves, both emotionally and financially.
Another key advantage of uncontested divorce is the flexibility it offers in crafting solutions that suit the unique needs of the family. This can include personalized parenting plans, parenting time schedules and financial arrangements that prioritize the children’s best interests.
How an uncontested divorce can favor kids
All divorces result in major alterations of a family's routines. But when you choose an uncontested divorce, the elimination of contention and conflict facilitates a smoother transition, allowing parents to maintain more consistent routines and minimizing painful disruptions to their children’s lives. This stability is crucial in helping children adapt to the changes brought about by divorce.
Choosing an uncontested divorce signifies a commitment to mature, constructive, positive co-parenting. When parents can communicate effectively and work together post-divorce to resolve conflicts, children will benefit from observing how their parents are working together to preserve a supportive network around them, and their sense of security, knowing that both parents are actively involved in nurturing them in positive ways.
Opting for an uncontested divorce is a strategic choice that prioritizes the well-being of your children, and the preservation of your marital estate. How you might approach the process depends on the nature of your circumstances. Families affected by domestic abuse, narcissism or chronic manipulation may not be candidates for this approach. Nevertheless, however divorcing spouses choose to approach the process, seeking quality legal and mental health guidance can help to ensure that the course decided upon is handled appropriately, safeguarding the rights and well-being of all parties involved.]]>On Behalf of Kalled Law Offices, PLLChttps://www.kalledlaw.com/?p=476332023-12-26T12:17:49Z2023-12-19T09:19:59ZMechanics and parts suppliers
Maintenance and repair centers (MROs) which work on aircraft perform a broad range of services on aircraft to keep them airworthy. The services which they provide must meet the very rigorous aviation standards established by the US aviation authorities, and by others around the world. Even seemingly minor repairs will often cost thousands of dollars. The same is true of many unanticipated mechanical breakdowns while on a trip. If the previous owner didn't make completed arrangements to pay for those charges, the MRO facility can lien the aircraft through the applicable aircraft registry. This lien will likely include both the expense of services performed on the aircraft, as well as the cost of any parts supplier charges.
Hangers and airfield operators
There are numerous facilities around the world, generally referred to as Fixed Base Operators (FBOs) which provide ramp, fuel, light maintenance and overnight hangar services to aircraft owners and operators. In addition, airport authorities commonly charge landing and other access fees. Some of these services providers are a part of airport authority facilities, and others are private businesses. The law in most jurisdictions allows these service providers and airport authorities to file a lien on visiting aircraft whose owner or operator fails to make timely payment for the services and charges imposed.
Fuel companies
Charges for aircraft fuel is one of the most regularly incurred significant expense of most flights. Many fuel suppliers offer credit opportunities for customers permitting them to fuel up when they need it and then pay the bill later after returning to home base. Some aircraft owners or operators who fell on hard times may have failed to make payment on substantial past-due fuel on their aircraft. Those unpaid fuel providers will likely place a lien against the aircraft's title to prevent the owner from transferring it to someone else without first paying what they owe in full.
All of these hazards require due diligence by prospective purchasers of privately owned aircraft. That due diligence is best handled through the retention of experienced aviation legal and title services secured in advance. Discovering and resolving lien or title issues early in the purchase process will make your aircraft purchasing experience a successful one.]]>On Behalf of Kalled Law Offices, PLLChttps://www.kalledlaw.com/?p=476312023-11-22T15:14:10Z2023-11-27T05:55:54Zdangerous to extricate oneself from an unhealthy relationship. Keeping the following considerations in mind can help an individual who wants to leave to do so with a greater measure of safely than they otherwise might.
Gather evidence early
From screenshots of social media postings, downloads of threatening text messages and phone records, hostile email strings, and financial records proving that someone has misused marital resources, or engaged in an affair, there is a wide range of documentary and image evidence that people should collect and save as they prepare for separation or divorce. Additionally, they will need information about their relationship and financial circumstances. Tax returns, bank statements and other financial records can often be difficult to obtain after someone announces their intention to separate or divorce. Collecting these records before declaring that one is pursuing a separation or divorce is almost always beneficial.
Connect with professional resources
There are several different types of professionals who can help a person who is planning on exiting a toxic marriage or other relationship. First and foremost, legal assistance is likely necessary. A family law attorney can help prepare a person's exit so that their personal safety, as well as their property rights, are better protected by the time they move forward with a separation or divorce. An experienced family law attorney can provide an understanding of what to expect throughout the process, including short-term and long-term consequences. Additionally, people who are struggling in a toxic relationship frequently need mental health advice and support from professionals who can help them sort through their emotions to gain mental clarity, and develop effective strategies for moving away from a toxic relationship dynamic. Seeing a one-on-one counselor can be highly beneficial, even if someone has already attempted unsuccessful couples counseling with their spouse or partner. In some cases, other professionals, like forensic accountants, may be an important part of the preparation process in situations where unraveling complex financial relationships are needed.
Plan and seek support discreetly
Oftentimes, people who are trying to make a toxic relationship work will withdraw from their healthier relationships out of a sense of shame or embarrassment. Sometimes, people in a toxic relationship have a spouse or partner who is actively isolating them from their friends and family. A person struggling in a toxic relationship usually experiences a steady increase in their stress levels, which over time, makes coping increasingly more difficult. Fortunately, there are ways to break free from these harmful circumstances. Reconnecting with healthy, well-adjusted friends and family is an excellent first step in weathering the instability that is associated with being in an unhealthy relationship. Getting the professional help needed, and seeking the friends and family support needed to help facilitate an exit from an abusive or toxic marriage or other relationship is often the best path forward. And it is best pursued discreetly to help prevent the exiting process from being another source of distress.
Careful advance planning for an exit from a toxic marriage or other relationship can increase someone's safety, and improve their chances of successfully moving to a happier, healthier life.]]>On Behalf of Kalled Law Offices, PLLChttps://www.kalledlaw.com/?p=476292023-10-20T13:09:18Z2023-10-25T07:27:41ZAsset protection planning involves ownership changes and trusts
Asset protection planning is often a key component of a strong estate plan. Anyone worried about creditor actions during their retirement or after their death may want to engage in asset protection planning as part of their estate plan.
Typically, this process involves changing the ownership of certain assets. One way of accomplishing that is by creating a trust and transferring certain valuable assets into that trust. A trust can hold real property, bank accounts and many other valuable assets, and once transferred there, will not become part of the individual's estate, and will not become the subject of a probate court proceeding. They will also have protection from litigation while someone is still alive.
Sometimes, asset protection planning looks like preemptively transferring ownership to specific beneficiaries before someone dies. Adding a spouse or child to the deed of a home as a joint tenant with rights of survivorship is one way to protect the house from probate issues related to estate administration. Strategic gifts made to loved ones later in life can ensure that those assets go to selected beneficiaries instead of creditors.
The nature and amount of the financial resources and property which a person owns, and the various family relationships which they have, are primary factors in determining the best approach to asset protection planning for each individual. Taking proactive steps before creditors file a lawsuit is an effective way to protect resources during one's elder years, and even after death. Seeking legal guidance is the best way to become informed about what options are available to you.]]>On Behalf of Kalled Law Offices, PLLChttps://www.kalledlaw.com/?p=476182023-09-26T09:11:51Z2023-09-29T09:11:10ZThere could be title issues
Purchasing an airplane could lead to legal challenges if there are liens against the plane or other issues that will prevent someone from becoming its lawful owner. Service providers and even fuel companies can sometimes secure liens that give them precedence over buyers and other parties with a potential interest in an airplane.
There could be latent defects
Although thorough disclosures are typically a key component of any airplane sale transaction, there are some people who will misrepresent the condition of a specific airplane to sell it more quickly or for a higher price than it warrants based on its condition. There are also countless others who may be unaware of issues with the plane when they list it for sale.
Hidden or latent defects may not show up during inspection, which means that if they are not on the disclosure paperwork provided by the seller. The buyer may purchase an airplane in far worse condition than they anticipate. Although it is sometimes possible to take sellers or the professionals that represent them to court over the misrepresentation of a plane's condition, the process can be lengthy and can further increase the investment required from the new owner.
Being very thorough about due diligence and seeking legal guidance can, ultimately, help reduce the level of risk involved in an airplane purchase transaction.]]>On Behalf of Kalled Law Offices, PLLChttps://www.kalledlaw.com/?p=476142023-09-15T20:04:38Z2023-09-19T18:58:15Zproperty division process. As a result, if you’re divorcing, you’ll need to keep an open mind about how best to approach that process from your perspective so that you and your attorney seek proposed orders with the best long-term prospects for you. When moving forward, you’ll need to tackle the concerns of dividing the total value of your marital personal and real property, dividing pensions and 401Ks, and dividing the debts that have accumulated since you tied the knot. The first step in either process involves identifying what is at stake.
Consider the value of marital assets
One of the first things you’ll need to do is provide your attorney with a comprehensive list of all your marital assets that must be divided. This list should include the nature, source and fair market value of each asset. That information will be vital as you try to ensure the property is divided fairly.
As you go through the property that has to be divided, you must do your best to distinguish what is martial property and what may not be. Be sure to identify to your attorney any property which you obtained before the marriage, any property which you maintained separately, and any property which you inherited. During the property division process, the court has the discretion to decide what constitutes marital property and what does not. In many cases, premarital, separate and inherited property is the subject of vigorous dispute, so prepare for that possibility if you think your ex will try to lay a claim to those kinds of assets.
Factor in all of your marital debts
The total accumulated debt incurred during the marriage must also be addressed thoughtfully. The statutory presumption in long-term marriages is that marital property and debt should be divided 50/50, subject to certain specific exceptions which the court can consider in arriving at its decision. The allocation of debt is often used by the court during the property division process to balance the property award, either by ordering that the debt be paid off by liquidating a portion of the marital assets, or assigning the debt to one spouse to pay on their own.
Family courts do not have the authority to bind your third-party creditors, so you and your ex will likely continue to be held accountable for jointly held long-term debts to creditors if not paid off in full at the conclusion of your divorce. Because creditors aren’t parties to a divorce case, their rights cannot be limited or eliminated by a family court order. Depending upon how financially responsible your ex is, this could mean your credit may be negatively impacted if they don't pay their assigned portion of the debt.
Taking the time to become fully informed, and to explore all your options early in the process will always put you in a better position to make sound decisions which are in your best interests. It is important to seek the advice of an attorney experienced in divorce litigation to help you better determine how your choices during the property division process will affect you now and into the future.]]>On Behalf of Kalled Law Offices, PLLChttps://www.kalledlaw.com/?p=476152023-09-11T06:30:54Z2023-09-14T12:58:56Zowning your own plane, it's crucial to approach the matter with due diligence. Legal considerations shouldn't be overlooked because they can significantly affect your purchase and ownership experience.
How to review the maintenance history
Understanding an aircraft's maintenance history isn’t just a best practice—it's a legal necessity. Ensure the aircraft is up-to-date with its service records and that certified professionals have performed any maintenance. Failing to do this could violate federal regulations and even compromise your safety.
Financing and payment options can be complicated
Unless you're prepared to pay the total upfront, you'll likely need to explore financing options. Be aware that terms and conditions can vary significantly. Failure to adhere to repayment schedules could result in the repossession of your aircraft. It's recommended to consult financial experts familiar with aircraft financing nuances to guide you through the maze.
Understanding aircraft title and registration requirements
When you buy a used aircraft, transferring the title and completing the registration are vital legal steps. Failure to correctly execute these processes could result in the invalidation of your ownership. Be meticulous with your paperwork and ensure that any liens on the aircraft are properly released before concluding the sale.
Airworthiness certificates are non-negotiable
Before purchasing, you must obtain an airworthiness certificate from the appropriate authority. Without this certificate, your aircraft is grounded, both literally and legally. Remember that the certificate must always be displayed in the aircraft when operational.
Insurances and liabilities
One of the most important considerations for any aircraft owner is insurance. Depending on the policy, it may cover aspects like personal injury, property damage and even some legal costs arising from accidents or mishaps. Failure to secure appropriate insurance could result in severe financial repercussions and legal complications.
Ultimately, having someone on your side who understands the nuances of aircraft purchases can be truly beneficial. They can assist you in reviewing everything to better ensure that your purchase is executed properly and that its terms are crafted in your best interests.]]>