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Estate Planning and Transferring Firearms

Estate Planning and Transferring Firearms

Clients have begun to inquire about transferring firearms in their estate planning. Unique rules and procedures apply to certain firearms – such as NFA firearms, even in estate planning. Limited liability companies (LLC’s) were once the preferred method, but LLC’s require annual maintenance fees to the state and even separate tax returns. Now, “gun trusts” that are prepared as part of an estate plan can be used to pass on the trust creator’s firearms after their death. Prepared separate from a conventional revocable trust, a gun trust may provide access to more people than the original owner, may provide for changes in the law over time, and may require trustees that are more likely to be knowledgeable of firearms and the legal requirements that surround them. A gun trust will not pass on other assets, only the guns, and a separate conventional trust is still needed for other assets. Using a gun trust can provide for the legal, safe transfer of NFA firearms and even keep those weapons in trust for several generations.

Written by J. Kirk Trombley, Esq.

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The process of buying and selling a home

The process of buying and selling a home

1. An offer is accepted by the seller and a contract is signed by both parties, marking the effective date of the contract.
2. At the same time , a deposit is paid to an attorney, broker or escrow agent. The deposit does not become the property of the seller until the closing takes place.
3. The buyer reviews and signs off on any disclosures. These disclosures vary based on property type, but often include things like known flaws with the property, prior improvements or repairs, radon gas and lead paint disclosures.
4. The buyer may elect to perform inspections of the property as agreed upon in the contract and these inspections must be completed by a certain date, which is usually within 10-15 days. Based on the outcome of inspections, buyers have a certain number of days to provide the seller with a report revealing any defects and the buyer may elect to ask the seller for repair work, closing cost credits or a reduction in the sale price due to flaws that were uncovered.

For those borrowing to purchase a home, the mortgage process can be the most stressful part of the transaction. It’s best to start as early as possible and be ready to produce lots of documentation.

The detailed steps that make up closing are:

1. A title search is performed to determine if there are any liens or assessments on the title. Provided that the title is clear, the closing proceeds as planned.
2. A buyer’s attorney or title company begins preparing the paperwork to convey title to the property and schedule the date for closing.
3. A final cash figure for what a buyer needs to bring to the closing in the form of a cashier’s check is calculated. This is based not only on a mortgagees closing costs, but also the proration of property taxes and utilities..
4. A final walk through may be performed the day of or before closing to verify the property is in the same condition it was in when the process began.
5. At the closing table the buyer and seller sign all closing documents. At the conclusion of the closing the representative from the title company or your attorney will record the deed and any other documents with the appropriate registry of deeds.

After all of the documents have been signed and payments exchanged, buyers generally take possession of the keys unless a separate agreement has been reached to allow the seller stay in the property for a period after closing.

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NHBR: Workers’ Compensation and New Businesses

Workers’ compensation and new businesses

http://www.nhbr.com/August-12-2011/Workers-compensation-and-new-businesses

In the early stages of starting a company, small business owners have many factors to consider. What your business does and what it requires of an employee has consequences from a workers’ compensation perspective. Understanding what exposure your company may have, and being proactive to prevent workplace injuries, can help lower the cost burden of workers’ compensation insurance.What is workers’ compensation (WC) insurance?

In a nutshell, it is insurance that covers an injury that arises out of and in the course of employment.

How many employees must a company have to require WC?

In New Hampshire, as few as one employee.

What is not covered under WC?

Circumstances vary, but these injuries are generally not covered by WC: self-inflicted injury • injury caused by intoxication from drugs and alcohol, assuming the employer did not know about the intoxication • employee-started fight, if the basis of it is personal in nature • driving to and from work, unless the worker is considered a traveling employee • participation in athletic/recreational activities, on or off premises, unless the employee reasonably expected, based on the employer’s instruction or policy, that participation was a condition of employment or required for promotion, increased compensation or continued employment • mental injury/illness arising from good faith action taken by the employer, including but not limited to: work evaluation, disciplinary action, job transfer, lay-off, demotion or termination

Can an employer still be sued?

Except for intentional torts, the state’s workers’ compensation statute bars injured employees who sustained a compensable injury from bringing action at common law or by statute. However, an employee can elect to bring action to recover damages for wrongful termination or constructive discharge. If the worker pursues this remedy, he/she waives claims for compensation allegedly caused by such termination or discharge.

What does WC insurance cover?

WC insurance specifically insures an employer for costs from a work-related injury such as lost wages, medical costs, permanent impairment awards, vocational services, and costs associated with an attorney to defend your company if there is a claim.

Paul Kfoury Jr. is a partner at Trombley Kfoury, P.A., a law firm specializing in workers’ compensation issues. He is past chair of the New Hampshire Bar Association’s Workers’ Compensation Section, and speaks with insurance companies and employers regularly. He also holds trainings and seminars involving WC issues.

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What You Should Know About the Home Closing Process

What You Should Know About the Home Closing Process

What You Should Know About the Home Closing Process: An Interview with Kirk Trombley of Trombley & Kfoury

Tell us a little bit about your experience, firm’s history and the areas of law that you practice.

We practice in areas that include general business, real estate, employment law and litigation. We have a significant workers’ compensation defense practice as well.

Our legal team lives and raises families in NH, and believe in supporting local businesses. Our mission is to assist and protect NH residents and business owners in their legal endeavors. We can help you in achieving security for your dreams and business goals, and planning for your future success.

Check out my interview, What You Should Know About the Home Closing Process on New Hampshire Homes, one of the top sites for New Hampshire real estate, including Londonderry, NH real estate. New Hampshire Homes also services New York homes for sale and Pennsylvania real estate.

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New Hampshire Workers’ Comp Costs Among Highest in the Nation

October data from the Oregon Department of Consumer and Business Services states that New Hampshire has the ninth-highest workers’ compensation premiums in the Nation. This is the State’s worst ranking since Oregon began publishing its figures in 1994. New Hampshire employers pay an average rate of $2.40 per $100 in payroll for workers’ compensation insurance. That is 128 percent of the national median rate of $1.88 per $100 in payroll.

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