oday, it is common for businesses to use a website to advertise to potential customers in their market. If you have ever signed up for a business’s newsletter, or made an appointment online, you probably clicked the box to agree to that business’s privacy policy, whether or not you actually read it. As a business, however, failing to have a well-crafted privacy policy can put you at odds with the law. Privacy policies are required by law in the United States, even if the only information you collect is for data analytics.
Since the Supreme Court legalized same-sex marriage in 2015, it would be easy to think that estate planning for LGBTQ+ couples would be just like heterosexual couples. However, same-sex couples may have situations that require extra or special planning, such as adoption by non-biological parents or navigating unsupportive family dynamics. Estate plans for same-sex couples could be more vulnerable to contests from family members who don’t recognize the validity of the couple’s relationship, they could challenge custody over non-biological children if the biological parent passes away, or they could interfere with a spouse’s ability to make medical and financial decisions for their partner.
A postnuptial agreement, or “postnup,” is similar to a prenuptial agreement, except this legal contract is written and signed after the couple is legally wed. A postnup sets forth how assets will be divided, and may include other provisions dictating marital conduct like the division of household chores to monogamy expectations to how frequently in-laws may visit. Like a prenup, a postnup an be a powerful estate planning tool, when used properly.
A prenuptial agreement (sometimes called an antenuptial agreement, premarital agreement, or colloquially “prenup”) is a written contract entered into by a couple prior to getting married. The agreement enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends (whether by death or divorce). Thus, it can be a powerful estate planning tool, if used properly.
When people move, they usually remember to get a new driver’s license, to update their voter’s registration, and to find a new doctor. But they usually forget to update their estate plan. While your existing estate play is technically valid in your new state, it may not have the same meaning that is had in your former state. Laws can vary significantly between states, and may affect your income tax, state estate or inheritance tax, and whether your property is considered marital or separate. What makes a good plan in California or Florida may not be favorable in Texas, New York, or Washington, and vise-a-versa.
The estate planning process is more complicated if you own real estate in different states because each state’s probate court only has authority over property located in their own state. Thus, if you are a Washington State resident and own a home here, a Washington State probate court can oversee that property’s transfer to your heirs, but it can’t do anything about your timeshare in Hawaii or your mountain vacation home in Colorado. The properties in those states will have to go through an ancillary probate process in the states where they are located. Your personal representative may have to travel there, and you’ll probably need a lawyer in each state.
As businesses are reopening to indoor activities, many people are wondering what whether employers have the right to ask workers if they have received the COVID-19 vaccine, or request proof of vaccination. There are several laws that govern private heath information and status, and it’s important to talk to an attorney before deciding whether to require proof of vaccination as an employer, or deciding whether to disclose your vaccine status as an employee. These tips can help you talk with your attorney about this decision.
