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Monthly Archives: July 2016

Power of Attorney Litigation

A power of attorney (“POA”) is a legal document where a principal appoints an attorney-in-fact to take actons on the principal’s behalf. The authority granted to an attorney-in-fact most often pertains to financial decisions and healthcare decisions. An attorney-in-fact owes a fiduciary duty to the principal and must act in the principal’s best interests.  The probate […]

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Letters of Intent, Term Sheets, Contracts

Letters of intent and preliminary term sheets are often some of the first documents signed in business transactions or in anticipation of a more formal contract. If a deal falls through after a letter of intent and/or term sheet are signed, what is the legal effect of those documents? Are they binding contracts which require you […]

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Waiver of Contractual Arbitration

Many contracts contain clauses stating that if a dispute arises about the contract then the controversy may only be resolved through arbitration. An arbitration is where a third-party makes a final, binding decision about a case. One of the benefits of arbitration is that it is often less expensive than litigation. It further avoids the […]

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Resulting Trust versus Constructive Trust

Probate and trust law is substantively complex. This is due in part because of the terminology. Although the terms do not apply exclusively to probate matters, there is often confusion about the distinction between a “resulting trust” and “constructive trust.” Contrary to what it may seem, these really are not probate or estate concepts. Further, […]

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