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Horn & Johnsen News

Horn & Johnsen SC > Horn & Johnsen News

Texas Court Strikes Down Obama Overtime Rule

Last week District Court Judge Amos Mazzant in Plano, Texas ruled that recent overtime changes to the Fair Labor Standards Act would not be implemented. You may have heard about this and even been preparing. The changes would have increased the minimum wage for application of the rule to about $47,000 per year. Anyone who made less than this amount and is doing executive work would need to be paid time and a half for any work week over 40 hours and would need to make minimum wage when averaged out despite their salary. It can be a gigantic administrative...

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Top 10 Legal Tips for Pilots

Pilots must become “familiar with all available information concerning [the] flight”. Federal Aviation Regulation (FAR) § 91.103. These tips should help pilots increase their awareness of the legalities of flight. Remember, the FAA thinks of the pilot’s license as a privilege, and does not hesitate to hand out certificate suspensions to prove it.   Always carry a NASA form. “Things happen”; just because you were not aware the President and joint chiefs were holding a meeting at a hotel ballroom directly under your flight path, does not matter to the F-16 pilot ordered to “escort” you back to the ground. Similarly,...

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The Dilemma of Jointly Owned Real Estate

The Dilemma of Jointly Owned Real Estate All too often, parents with good intentions leave real estate to multiple children as co-owners. This can be done through lifetime gifting (i.e., through a quit claim deed) or upon death through a transfer on death deed, by will or by trust. Unfortunately, this strategy often creates family feuds when some siblings wish to keep the property and others wish to sell. Further, when some siblings won’t (or are unable to) cover their share of the costs involved in the maintenance and upkeep of the property, the others will understandably become resentful over time. Provided...

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Equine Estate Planning: Do you have a plan for your horse?

The Problem Wisconsin law views our horses and other pets/animals as property. Without written instructions of your wishes, no legal protections exist for your “property.” You cannot leave money or property directly to your animal(s), and informal arrangements are not legally enforceable. What’s the solution? Formally incorporate your four-legged family members into your estate plan! Essential Estate Planning Documents Regardless of your age or financial circumstances, everyone needs an estate plan. For the benefit of your loved ones, you should have at least the following basic estate planning documents in place: ·        Will (does not avoid probate) or Living Trust (avoids probate) ·        Property Power of Attorney ·        Health Care Documents (Health Care Power...

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When is it too late for Estate Planning?

I recently took a trip to central Mexico to visit my parents, who have retired there. While eating breakfast at a restaurant in the Mérida airport upon our arrival my husband asked my 96-year-old grandmother, who was diagnosed several years ago with Alzheimer’s disease and now lives with my parents, “So Mary, what do you appreciate most about living in Mexico?” My grandmother replied, “I wouldn’t know, I’ve never been to Mexico!” Fortunately, everyone at the table (except, perhaps, my 4-year-old daughter) knew the best response in this situation was to smile and simply redirect our conversation. For obvious reasons, it would be too...

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