What Are the Benefits of Using an Attorney to Draft a Business Sales Agreement?
Legal Help for Drafting Business Sale Contracts: Why It Matters If you’re selling your business, it may be tempting to think that you can increase your returns by saving on the costs of hiring a lawyer to draft or review the business sales agreement. This is dangerous thinking, as using templated agreements can lay you open to a wide spectrum of problems that can end up costing you far more than lawyer fees. A qualified lawyer should review any major business contract you enter into so that you are fully protected under Mississippi law—and this includes sales agreements. ...
Rights of an Estate Beneficiary to Sue an Executor
Thankfully for an estate beneficiary, anyone who must distribute an estate after a person dies is held to high standards while carrying out fiduciary duties. Estate beneficiaries enjoy certain rights and can hold executors of estates to account for their actions. When an estate is being probated and administered, beneficiaries should pay close attention to proceedings and stay informed of progress. Sometimes, executors knowingly or unknowingly make errors that breach beneficiary rights. Litigation may be necessary if matters cannot be resolved through other means. So, what are the rights of an estate beneficiary to sue an executor and when ...
Payment Disputes for Services Rendered in Mississippi
Whether you’re in construction, professional services, healthcare or another industry, payment disputes for services rendered are an ever-present threat to your business. Non-payment by clients and customers who fail to honor agreements for services provided can impact the cashflow of almost any service-based business. What can you do about it? If clients have not paid invoices or are unreasonably delaying payments or contesting charges, a qualified payment disputes lawyer can protect your rights and help you take legal action to ease the financial strain and get paid for what you have rightfully earned. BOOK A CONSULTATION What are payment ...
How to Handle a Breach of Contract Dispute in Mississippi
A breach of contract can have serious consequences, disrupting business operations, financial stability, and personal agreements. Whether it involves failure to perform, interference with obligations, or outright repudiation, these disputes require swift and strategic action. At Rushing & Guice, PLLC, we understand the complexities of Mississippi contract law and provide experienced legal counsel to protect your interests. Many disputes can be efficiently resolved through mediation or arbitration, reducing costs and avoiding lengthy litigation. However, when legal action is necessary, our firm is prepared to aggressively advocate for your rights BOOK A CONSULTATION Breach of contract in Mississippi A ...
Where Do Most Car Accidents Happen in Mississippi?
Contrary to popular opinion, most car accidents do not happen on particularly busy roadways or intersections. The most common place for car accidents in Mississippi is near the victim’s home. Relatively quiet neighborhoods or rural roads see a large proportion of the state’s accidents—though intersections and parking lots are other common locations for motoring accidents in Mississippi. Let’s look a little closer at the accident statistics in Mississippi. Book A Consultation The four most common places for car accidents in Mississippi Where a car accident occurs can affect what you do after the collision, how bad ...
The Fiduciary Duty of a Probate Lawyer in Mississippi
After an individual passes away in Mississippi, certain fiduciary responsibilities are designated to the executor, the trustee(s) of an estate, and the probate lawyer if hired. Together, they must ensure that the wishes of the deceased are carried out and manage the estate administration process on behalf of the beneficiaries. Most estates in Mississippi are subject to probate before assets can be distributed to the heirs, a process that may require the assistance of a probate lawyer to complete. Let’s take a closer look at the fiduciary duties of probate lawyers, executors, and trustees. Book A Consultation ...
How Can Trustees Breach Their Fiduciary Duties in Mississippi?
A trustee in Mississippi has a fiduciary duty to manage a trust according to a wide-ranging set of obligations and responsibilities. If your trustee is breaching any of the rules, he/she can be replaced and, depending on the nature of the breach, may face trust litigation and be required to pay monetary or non-monetary damages. If you’re a beneficiary, how do you know if a trustee is fulfilling their obligations or not? And, if you’ve been appointed as a trustee, how can you ensure you follow the rules? Let’s run down the most common ways that trustees breach their ...
Reviewing Your Mississippi Wills, Trusts & Other Estate Planning Documents
Estate Plan Review Estate planning is an important process that should be reviewed periodically. Wills, trusts, and other documents should be reviewed at least annually but at least once every three to five years even if there aren't any major life changes. This allows you to ensure that your plans are still in line with your wishes and makes any necessary changes. It is also a good time to review beneficiaries. Have you done your annual estate planning review? When reviewing estate plans, individuals should consider these questions Do the provisions still accomplish your goals? Have your documents been ...
How to Avoid Probate in Mississippi
Before the assets included in a will can be distributed by an estate executor in Mississippi, the will must generally be probated. This legal process is initiated at the local courthouse and may take considerable time to finalize, as well as creating some additional costs for the estate. For estate planners, executors, and heirs, there may be benefits to planning ahead to ensure that some or all assets can be distributed without probate. Here is what you need to know. Book A Consultation Probate in Mississippi After an individual with a will passes away in Mississippi, the ...
Is Embezzlement a Felony in Mississippi?
Embezzlement is a criminal offense in Mississippi but whether it is prosecuted as a felony or misdemeanor depends on the value of the property embezzled. When the property embezzled is valued at over $1,000, felony charges can be filed, and the immediate and longer-term penalties become even harsher than with a misdemeanor. Anyone charged with embezzlement in Mississippi should seek representation from an experienced criminal defense lawyer to protect your rights and mitigate the potentially severe consequences. What is embezzlement? Embezzlement is a white-collar crime that involves someone fraudulently concealing, secreting, or converting to their own use ...
