Widerman Malek Law Blog

Medical Practice Asset Protection – Waving the Magical Wand vs. Designing Strong Obstacles Part II

Strangling The LLC’s Sole Managing Member  So every doctor, lawyer, and other professional with two diplomas to rub together knows the LLC (Limited Liability Company) can offer some form of protection; however, not every professional knows that many courts feel very comfortable with financially strangling the sole managing member of a single member LLC. Most […]

Medical Practice Asset Protection – Waving the Magical Wand vs. Designing Strong Obstacles Part I

Quite often professionals think of the phrase “Asset Protection” as a guaranteed, magical, infallible means of protection. Medical practice asset protection is really about maximizing litigation deterrence, optimal obstacle design work, and leveraging your power in the settlement process, as opposed to magically creating supernatural shields. The more well thought out, properly created obstacles or […]

Can HOA’s Fine Owners?

Do Homeowner Associations have the right to fine owners who do not comply with their rules?  In Virginia, this very question was put before a judge to decide.  A dispute arising between Maria and Sam Farran and their HOA at the Olde Bellhaven in Fairfax, VA over a political sign stirred a four year costly […]

Laws Regarding Home Fencing

This spring homeowners may be thinking about sprucing up their properties’ curb appeal. Fences are a popular choice among homeowners to add instant curb appeal to a home. Fences not only aesthetically enhance a home, but they also act as privacy divider.  Are you contemplating installing a fence around your property?  If so, it is […]

Beach Easements: Are Private Beaches Truly Private?

Rhode Island, known as the Ocean State, has a beautiful coastline on the Atlantic Ocean.  Its private and public beaches are enjoyed throughout the summer months by residents and tourists alike.  One day as a teenager I ventured forth with friends onto a private beach in Newport.  We were hoping not to be noticed if […]

U.S. Supreme Court Defines the Definition of a “Vessel”

We are back on the topic of eminent domain.  This time we take a look at floating homes and maritime laws.  Last Tuesday on January 15th, the U.S. Supreme Court ended the dispute on whether a floating home should be classified as a vessel and subject to maritime laws or whether it should be considered […]

Is My Cancellation of Debt Tax-Free?

I bought my condo in 2010.  I was living the American dream.  Life was good and then about a year later my circumstances drastically changed.  I was laid off from my company.  Suddenly paying my once very manageable mortgage became increasingly more difficult.  I began to struggle and had to dip heavily into my savings. I fortunately […]

Squat and Claim – Is it that Easy?

Have you ever seen a boarded up piece property in a prime location and thought gee, what a shame?  Living in southeast Florida, I have seen boarded up bungalows directly across from the intra-coastal waterway with no obstructing views.  I have often thought it is a waste to let such a beautiful piece of property […]

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