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Kevin McKernan Kevin McKernan

WHO IS IN CHARGE OF SETTLING AN ESTATE WHEN A WILL IN NOT PRESENT?

If someone dies with a will, their will specifies who receives their property and who is in charge of settling their estate (called the executor). Beneficiaries can feel slighted by what they did or didn't receive, and some individuals are entirely excluded from inheriting anything at all. The legal process of challenging the validity of a will is called a will contest (or “contesting a will”).

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Kevin McKernan Kevin McKernan

DOL – ISSUES NEW INDEPENDENT CONTRACTOR RULE

The U.S. Department of Labor (DOL) has issued its anticipated proposed rule to clarify who is an independent contractor under the federal Fair Labor Standards Act (FLSA). Under the current 2021 rule, two “core factors,” those being control over the work and opportunity for profit or loss, carried greater weight than “non-core factors” in determining the status of independent contractors. The 2021 rule, which remains in effect until the proposed rule can be finalized, made it easier for employers to classify workers as independent contractors rather than employees.

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Kevin McKernan Kevin McKernan

ESTATE PLANNING USING 1031 EXCHANGES AND DELAWARE STATUTORY TRUSTS

STATE PLANNING USING 1031 EXCHANGES AND DELAWARE STATUTORY TRUSTS: Section 1031 of the U.S. Tax Code allows investment property owners to defer capital gains taxes and depreciation recapture by exchanging their relinquished property for “like-kind” replacement property.

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Kevin McKernan Kevin McKernan

STUDENT LOAN BORROWERS

Pell vs. Non-Pell: Loan forgiveness of up to $10,000 is available to non-Pell Grant recipients and up to $20,000 for Pell Grant recipients. Only Federal Student loans are able to be forgiven. Loans held through a private lender are ineligible for this program.

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Kevin McKernan Kevin McKernan

BUSINESS ACCOUNT FRAUD

Did you know a business bank account doesn't have the same protections as a personal bank account when it comes to fraud? If a hacker takes money from your business account, the bank is NOT responsible for replacing it. Many people erroneously believe the FDIC protects you from fraud; it does not.

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Kevin McKernan Kevin McKernan

MEDICAL ADVANCE DIRECTIVES

Even though no one wants to imagine themselves incapacitated by trauma or disease, it happens to people every day. Medical advance directives are legal documents that outline the details of your advance healthcare planning.

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Kevin McKernan Kevin McKernan

DO YOU HAVE A COLLEGE STUDENT? IMPORTANT HEALTH CARE, FINANCIAL AND EDUCATIONAL DOCUMENTS THAT THEY (AND YOU) NEED:

Now that you've sent your child(ren) off to college, you and your child(ren) will need to take some simple steps to ensure that, in the event of an emergency, you will be able to make health care and financial decisions for your child(ren) and have access to your child(ren)’s medical information and financial account if your child(ren) are age 18 or older. The same is true if you are to have access to your child(ren)’s educational records.

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Kevin McKernan Kevin McKernan

A SMALL BUSINESS OWNER’S GUIDE TO BUSINESS EXPENSES

What do printer ink, client lunches, and shipping costs all have in common? They're business expenses—the costs incurred while operating your business. And, as long as you run a for-profit company, you can deduct many of these expenses from your taxable income to help your business's finances at tax time.

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Kevin McKernan Kevin McKernan

NYC Proposed Bill Would Provide Employees with a Private Right of Action under New York City's Earned Safe and Sick Time Law

On July 14, 2022, the New York City Council introduced legislation that would allow employees to file a civil action against their employers to enforce their rights under the New York City Earned Safe and Sick Time Act. Currently, employees seeking recourse are limited to filing an administrative complaint with the New York City Department of Consumer and Worker Protection.

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