December 2017

During divorce proceedings, can a person who was placed as an executor of real property use or sell that property?

ADDITIONAL INFORMATION: Land was purchased during the marriage and put into a trust for the children. The wife was placed as the executor. They are now divorcing and the husband is concerned that the wife will sell the property, in part or in whole, to fund her part of the divorce. ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Wife was named as a Trustee of a trust.  As a trustee, she has fiduciary responsibilities to follow the

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Court decision muddies the waters for ‘safe harbor’ for user-generated online posts

A recent decision from a federal appeals court in California will likely have broad implications on what screening procedures, if any, a service provider adopts for user-generated posts and material. The case, which is called Mavrix Photographs LLC v. LiveJournal Inc., limits the availability of safe harbor protection for social media platforms and other sites that use moderators to review user-submitted posts, even when the website has processes in place for expeditiously removing materials identified in

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Is a patent enough? How to protect your intellectual property

You had a great idea and you started a business around it. Now, you need to protect that intellectual property. First, check to be sure that your idea is original. Conduct patent and trademark searches early in the development of new products and processes to make sure there isn’t anyone else already protecting the same ideas or concepts. If you do have an original, patentable idea, go ahead and file a patent application. Filing an initial

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Traditional office vs. co-working space: Which is right for your business?

Collaborative work environments with shared spaces are an increasingly popular take on traditional office space, but can come with less than ideal leasing terms. Most co-working spaces operate using an occupation license agreement that allows members to use the space for a particular purpose or set of purposes. But it is much easier for a landlord to revoke a licensee’s right of access to than it is to evict a tenant. A commercial leasing agreement for

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Cybersecurity essentials for small to mid-size businesses

A strong cybersecurity program is designed to protect the confidentiality, integrity and availability of a business’s information systems. These systems can include any computer or networked electronic system used by a business, and certain sensitive business and consumer information. Programs should be designed to perform three primary functions: Identify and assess threats and risks; Protect information systems and sensitive information from malicious use and unauthorized access; and Detect, respond to and recover from cybersecurity “events” such

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Know the risks associated with using targeted advertising for your business

Many companies employ third-party advertising services that use online consumer data and automated software to place advertisements on websites, in apps and within user-generated video services. But this wide-reaching marketing tool comes with the risk that your advertisement and brand could be displayed alongside offensive content. Third-party targeted advertising services, such as AdSense from Google and Bing Advertising from Microsoft, offer the ability to exclude targeted ads from pornographic or gambling sites. But beyond that it

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What should I do with a municipal bond that is part of an estate and cannot be redeemed?

ADDITIONAL INFORMATION: I am the court appointed personal representative of the estate of my mother. This concerns a bond entitled, “Port Authority of the City of Saint Paul Industrial Development Revenue Bond Series 1988-F” This bond, which matured in 1988, has a face value of $5,000, but is no longer redeemable. The projects the bond supported never generated enough income to redeem the bonds, due to the real estate ”bust” of the 1980’s. After five years

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Do I pay tax for child support?

ADDITIONAL INFORMATION: I will pay few hundreds of dollars to my husband for the child support. Do I pay tax for it? Does my husband pay tax for it? Thanks! ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Child support is neither deductible by the payor nor is  it income to the recipient. Alimony is deductible by the payor and income to the recipient. Legal Disclaimer: Please note that this answer does not constitute legal advice, and should

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How can I take care of my unmarried brother’s financial obligations now that he is in a coma and has no Power of Attorney?

ADDITIONAL INFORMATION: My brother is in a coma and will likely not recover to the point of being able to work or care for himself. I need to take care of his bills, loan accounts and bank account and start the process of obtaining disability benefits and Medicare for him. He has no Power of Attorney, spouse or children. Upon discharge from the hospital, he will be moved to a Long Term Acute Care Hospital. How

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How do I get my dads name off of my mother’s estate?

ADDITIONAL INFORMATION: My mom is gonna pass away soon and my dads name is still on the title, he hasn’t been around in 20 years. He didn’t have much to do with the payoff at all. I don’t know where he is to ask him to sign the paperwork for my mother ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: I am sorry for your loss. If your parents had divorced, the property division should have been addressed

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