Common Questions
Have general questions about Michaelson Law?
Michaelson Law has served the Las Vegas Valley for over 30 years. We strive to maintain excellent customer service and trustworthiness among our clients and their families. At Michaelson Law, YOU come first!
A service agreement refers to a contract agreed to and signed by Michaelson Law and a client. We require service agreements to commence work but typically will not prepare a service agreement until after the initial consultation to ensure we fully understand your needs.
Michaelson Law has many experienced attorneys, all of who specialize in different legal matters such as Business Law, Litigation, Guardianship, Probate, Elder Law, and Estate Planning.
Business Law
Have questions about business law?
Business law is a set of rules and regulations that govern the operation of businesses. It covers various topics such as contracts, taxes, intellectual property, employment, and securities. Business law provides guidelines on how businesses should be formed, how they should operate, and how they should be dissolved.
Limited liability companies (LLC) and corporations are different business structures. The main difference is how they are taxed. A corporation is taxed separately from its owners, who also pay taxes on any dividends they receive. An LLC is not taxed separately, and the profits and losses are passed through to the owners, who report them on their personal tax returns. Contact Michaelson Law if you have questions about how to form your business.
Simply put, to form an LLC, you need to choose a name for your business, file paperwork with the state government, create a document that outlines how the business will be run, get any necessary licenses and permits, and obtain a unique ID number from the IRS for tax purposes. LLC formation can be complicated and confusing, but Michaelson Law can help!
Forming a corporation follows a similar process to forming an LLC, but you must also issue stock certificates to any shareholders. You need to keep your business finances separate from your personal finances to comply with any other state and federal requirements. Our experienced Business Law attorneys can guide you through the process.
A partnership agreement lays out the terms and conditions of your partnership. It helps clarify the expectations and obligations of each partner and can help present misunderstandings and disputes in the future.
The best kind of business entity depends on various factors, including your business type, your business goals, and your financial situation. Here at Michaelson Law, we can help you determine the best route for your business!
While it may not be possible to completely avoid business disputes, there are steps you can take to minimize the risk like
- Creating clear contracts and agreements
- Communicate effectively
- Document everything
- Seek legal advice
- Address disputes quickly
Litigation
Have questions about litigation?
Civil litigation is the legal process of resolving disputes between two or more parties over a non-criminal matter. This type of litigation involves a plaintiff seeking to recover damages or obtain relief from the defendant for harm, such as breach of contract or personal injury.
A plaintiff must file a complaint with the appropriate court. The complaint must include a statement of the plaintiff’s claims against the defendant and the legal basis of those claims. The plaintiff must also pay a filing fee which varies depending on the jurisdiction and the type of case.
You can still be sued even if you avoid being served with legal documents. Avoidance does not prevent a lawsuit from proceeding, as the plaintiff can still obtain a default judgment against you if you do not respond to the lawsuit.
While it's not recommended to represent yourself, you have the right to represent yourself in most jurisdictions.
Arbitration and mediation are forms of alternative dispute resolution that can be used as an alternative to going to court. In arbitration, a neutral third party, an arbitrator, listens to both sides of the dispute and makes a final decision that both parties must follow. In mediation, a neutral third party, a mediator, helps the parties talk through their issues and devise their own solution to the problem.
Guardianship
Have questions about guardianship?
Guardianship is a court-supervised process of taking legal responsibility for another person or person’s estate when said person can no longer manage the responsibility. Guardianship can be voluntary or involuntary and can be granted over adults and minors.
A guardian or conservator is someone appointed by a court to make legal, financial, and/or medical decisions for someone who cannot make them due to age, illness, or disability.
A guardian is appointed to make personal and medical decisions on behalf of a person, such as decisions related to their health care, living arrangements, and daily care.
A conservator is appointed to make financial decisions on behalf of the person, such as managing their income, paying bills, and investing their assets.
Like many other legal matters, the time it takes to grant guardianship varies depending on factors like the complexity of the case, the court’s schedule, and whether there are any objections.
Determining whether a loved one needs a guardian can be difficult and should be made carefully. A person may require a guardian if they cannot make or communicate important decisions regarding their personal and financial affairs due to a physical or mental disability, illness, or injury. Signs a loved one may need a guardian include but are not limited to:
- Difficulty with daily activities such as eating or bathing
- Difficulty with financial management
- Vulnerability to abuse or neglect
- Cognitive impairment
There are several steps you can take to avoid guardianship:
- Maintain good communication with family members
- Stay physically and mentally healthy
- Create a power of attorney
- Create a living trust
- Seek legal advice
Probate
Have questions about probate?
Probate is the legal process that takes place after someone passes away. It is a court-supervised process used to distribute the deceased person's assets to their heirs or beneficiaries.
The probate process varies depending on the state and complexity of the estate, but probate typically follows these basic steps:
- Filing a petition
- Notifying beneficiaries and creditors
- Taking inventory and determining the value of assets
- Payment of debt and taxes
- Distribution of assets
- Closing the estate
The probate process can vary depending on various factors, including the complexity of the estate, the number of beneficiaries, and whether there are any disputes or challenges to the will. The probate process can take several months to several years to complete.
It's best to consult with an experienced estate planning attorney to determine the best approach for your specific situation, but various estate planning strategies can help avoid or minimize the probate process, including:
- Creating a living trust
- Beneficiary designations
- Small estate procedures
- Joint ownership
- Gifts
Elder Law
Have questions about elder law?
Elder law helps elderly or aging people with their legal needs. It covers various issues that older adults face, such as planning for long-term care, navigating government benefit programs like Medicare, and protecting their assets from exploitation or abuse.
Elder abuse refers to intentional or negligent actions that harm or create a risk of harm to an elderly person. Elder abuse can come in many forms, including physical, emotional, and sexual abuse, financial exploitation, and neglect.
Signs of elder abuse vary depending on the type of abuse and the individual circumstances. However, some common signs of elder abuse to look out for include but are not limited to the following:
- Physical signs of abuse such as bruises, burns, and other injuries.
- Emotional signs of abuse such as withdrawal, anxiety, and depression.
- Unexplained changes in behavior, such as becoming easily irritated.
- Neglect or self-neglect can include not receiving proper medical care, not meeting basic human needs, or living in unsafe conditions.
If you suspect an elderly loved one is being abused, you can help them by:
- Understanding the signs of elder abuse
- Talking to the elderly person
- Talking to their support system
- Call 911 or Adult Protective Services
- Make a report
The best way to stay independent and keep living at home as you age starts with planning ahead. You may be able to stay at home but don’t be afraid to ask for or hire help to do household chores, cook meals, aid in personal care, etc. Finding friends and keeping family close will also ensure you have help when needed.
Various programs such as Medicaid, Medicare, VA benefits, and long-term care insurance can help you afford long-term care. Michaelson Law can guide you through these programs and help you determine what is right for you.
You still retain your legal and financial rights when you create a POA. You can continue making decisions for yourself as long as you can. However, if you become incapacitated or otherwise unable to make decisions, a power of attorney allows a trusted person to step in and make decisions on your behalf.
Medicare and Medicaid are two different government-run health insurance programs. Medicare is mainly for elderly people or those with certain disabilities, while Medicaid is mainly for low-income people and limited resources.
Estate Planning
Have questions about estate planning?
Estate planning is creating a clear plan for preserving your wealth and assets while alive and distributing it after your death. Creating a plan can help you achieve your personal and family goals while making managing your financial and legal matters easier.
The term “estate” refers to the total value of a person’s assets at death. A person’s valuable assets include property, investments, savings, and more.
Review and update your estate plan every three to five years as life and financial circumstances can change over time.
- A will is a legal document that outlines the distribution of a person’s assets after death. It specifies how the person’s property and assets will be distributed to beneficiaries, who will manage their estate and care for their minor children.
- A trust is a legal arrangement that allows a person (the “trustor” or “grantor”) to transfer their assets, such as money, real estate, or investments, to another person or entity (the “trustee”) to manage and distribute assets to named beneficiaries.
There are several benefits to having a living trust as part of your estate planning, including but not limited to avoiding probate, having control over assets, tax benefits, and disability planning.
A power of attorney, or POA, is a legal document that gives someone else the authority to act on your behalf in certain legal, financial, and medical matters.
Joint tenancy is a form of co-ownership of property in which two or more people have equal ownership and rights to the property. Each owner is a joint tenant with an undivided interest in the property.
Asset protection refers to legal strategies to protect your valuable assets, such as your home, car, and investments, from potential risks such as lawsuits, creditors, or bankruptcy.
