Hunt & Associates P.C.

Dec 29, 2010

Special Needs Planning: Gifting to Individuals with Mental or Physical Disabilities

Individuals with mental or physical disabilities oftentimes receive government benefits based on their financial needs.  Most of the time these benefits are insufficient to meet the disabled person’s needs, and relatives and friends want to make gifts to a disabled person or make a bequest to that person in a will or trust to supplement the government benefits that the individual receives.   However, by gifting directly to the disabled person, the friend or relative may … Read more

Dec 21, 2010

Employee Wage Claims in Oregon: Why Employers Should Evaluate their Options Quickly and Thoroughly

An employee’s claim for unpaid wages exposes an employer not only to potential liability for the unpaid compensation but also to the possible added responsibility for statutory penalties and liability for the employee’s attorney fees and costs; all in addition to the employer’s own legal expenses.  In other words, the claim can cost an employer much more than just the amount of compensation the employee claims is owed.  An employer who cares about reducing their … Read more

Dec 16, 2010

Out of State Resident Owning Property in Oregon: Will Your Estate Have to Pay an Oregon Inheritance Tax?

With President Obama’s proposed tax cuts passing the Senate, the House is set to vote on the proposed legislation before the end of the year.  If the House approves the legislation as written, individuals that die in 2011 or 2012 and have an estate which is under $5 million dollars ($10 million for married couples), the decedent’s estate will be exempt from the federal estate tax.… Read more

Dec 14, 2010

The Importance of Being Earnest – Inadvertent Humor in a Recent Oregon Death Sentence Case

In State v. Haugen, 349 Or 174 (2010) the Oregon Supreme Court inadvertently showed that there is sometimes a quirky humor even in an appeal from a death sentence for aggravated murder.  More to the point, it illustrates the law’s earnest response to sometimes the most absurd argument.… Read more

Dec 8, 2010

Contractual Liability of U.S. Citizens for Support of Immigrants They Sponsor

An interesting article, The Affidavit of Support Creates a Legally Enforceable Contract by the Sponsored Foreign National: Efforts to Collect Damages as Support Obligations Against Divorced Spouses, in the November/December, 2010 issue of The Federal Lawyer by John Pratt and Ira Kurzban, two Florida immigration attorneys, discusses the use and limitations of the affidavit of support (Form I-864) as a separate contractual basis for the liability of a U.S. citizen to support their sponsored immigrant, … Read more

Overview of Federal Estate Tax Changes under President Obama’s Proposed Tax Cuts

President Obama is currently pitching a tax cut program that includes substantial changes to existing federal estate tax laws, including: exempting estates valued at under $5.0 million from federal estate taxes and setting the maximum estate tax rate at 35 percent. Under this plan, couples could potentially pass up to $10.0 million to their children and other heirs without paying federal estate taxes.… Read more

Dec 1, 2010

Limitations on Distributions from Closely Held Corporations and Limited Liability Companies in Oregon and Their Potential for Personal Liability

There are important statutory limitations on the ability of Oregon corporations and limited liability companies (“LLC’s”) to make distributions to their shareholders and members which are often ignored ultimately at the risk of the directors, managers or other members.  Distributions, including redemptions, made disregarding the statutory limitations may result in personal liability of those directors, managers or members responsible for an improper distribution if the company subsequently becomes insolvent.… Read more