As a new mother, you naturally want to ensure your new baby’s future in every way. For many new mothers, infancy is a time for celebrating new life, and making a will is the last thing on their minds. For others, the process of bringing new life into the world sparks intense feelings of wanting control and needing organization. Regardless …
Ask Cari: What Licenses/Permits are Required at the New York State and Federal Levels to Import and Wholesale Wine?
New York requires the “Federal Wholesaler’s Permit” and “Federal Importer’s Permit” in order to be a wholesaler or importer. These two distinctions are obtained via the Federal “Basic Permit,” guided under the Alcohol and Tobacco Tax and Trade Bureau (“TTB”). There is no separate application for New York State. On the Federal level, the TTB requires the “Basic Permit”, which …
Ask Cari: What Does “At Will Employment” Mean?
The term “at will employment” may be interpreted many ways by a lay person, but it is actually a legal term meaning that either party (employer or employee) may terminate employment at any time without notice for any reason (with limited exceptions), unless there is a contract stating otherwise. However, a contract may modify that by wording such as “I …
Illinois Family Law: Termination of Parental Rights
A parent very rarely completely loses parental rights altogether; however, it does happen. The court has to find that the parent is unfit to terminate parental rights. 750 ILCS 50/1. Instances where parental rights were terminated include the following examples (case citations are provided): People v. Ferrell, Ill.App.3d 1110 (4th 2002)-Mother’s parental rights terminated where mother had chronic schizophrenia that …
3 Tips for Overwhelmed Executors
While it is an honor to be named as an executor of a will or estate, it can also be a sobering and daunting responsibility. Being an executor (sometimes called a personal representative) requires a high level of organization, foresight, and attention to detail to meet responsibilities and ensure that all beneficiaries receive the assets to which they are entitled. …
Ag Law Today Podcast: Grazing Leases (Episode 1)
I’m very excited to announce that I have my very own podcast! It’s called “Ag Law Today” and coordinated and published with the help of Purdue University Extension Education. Its website is here– and you can watch the podcast feed here. Tiffany Dowell Lashmet from Texas A & M University Extension Education is my guest for the premier podcast – …
New York Employment Law: Sick Days in New York City
In New York State, there is no requirement for employers to provide sick day benefits to employees (either paid or unpaid). However, Section 195.5 of the New York Labor Law states: “Every employer shall notify his employees in writing or by publicly posting the employer’s policy on sick leave, vacation, personal leave, holidays and hours.” If an employer does not …
Making an S Corporation Election as a Married Business Owner
If you’re a married business owner and you want your business to be taxed as an S corporation, there are several things you need to know. The difference between community property and co-ownership of an asset Let’s take the example of owning a car. If you and your spouse are both on the title to a car, you co-own the …
Ask Cari: Do I Really Need a Last Will and Testament?
Most Americans do not have a simple will as part of their estate plan. You might believe that a will is only for the rich and famous, and not the average person who has a far smaller net worth. On the other hand, you may think that a will is entirely unnecessary since you have a trust, jointly owned property, …
Ask Cari: What is the United States Customs and Border Patrol’s role in Wine Importation?
United States Customs and Border Patrol requires Alcohol and Tobacco Tax and Trade Bureau (“TTB”) permits and compliance with labeling and certificate of origin documentation requirements. Upon one’s first import, entry for the goods should be filed for under the Remote Location Filing (“RLF”) Prototypes and Electronic Invoice Program (“EIP”) managed by U.S. Customs. There will be codes attached to …
Illinois Business Law: Registering LLC’s Formed Out-of-State
What happens when you form an LLC in another state but want to regularly conduct business within the State of Illinois? These are called “foreign LLC’s.” A foreign LLC must be admitted by the Illinois Secretary of State to transact business in Illinois. To do this, the foreign LLC must submit an application for admission to transact business as a foreign …