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    The Greater Williamsburg area is an exciting place to live and work, especially because of the large number of entrepreneurs who have built businesses from the ground up. These entrepreneurs have taken their passion and made it their profession. Many of us want to take that step. Before you begin, you need to think of the type of business entity you want to form. Our attorneys have extensive business experience, from small one-person companies to publicly traded major corporations. Our attorneys are among the leaders in Virginia in the representation of Common Interest Communities. These communities are generally referred to as "homeowners associations," or "HOAs," and "condominium associations." In the greater Williamsburg area alone, we provide legal assistance to nearly 100 associations. Our attorneys have successfully prosecuted and defended a wide array of civil disputes involving community association covenant enforcement, commercial transactions, construction disputes, contracts, real estate matters, boundary line and easement disputes, employment matters, antitrust litigation, copyright violations, administrative proceedings, and estate issues. Real Estate law encompasses a wide variety of matters, and our attorneys have vast experience to assist you. Whether you need assistance with a commercial or residential closing, or you have questions relating to residential or commercial leasing, we provide experienced advice and counsel to our clients. Zoning law can be a complicated maze of statutes and ordinances. We have ample experience in successful applications for rezoning, variance, and special use permit requests. Finally, commercial and residential construction provide special challenges with respect to financing issues and the construction process. We serve as counsel to various financial institutions.

Immigration and Employers – Remember your I-9 Forms

October 30, 2019 on 1:41 pm | In Business Planning, Common Interest Community, John Tarley, Merger & Acquisition | No Comments

There are many issues for entrepreneurs starting and operating their small businesses. In that light, immigration is not just a national issue involving major companies. Small businesses must be aware of government requirements, too.

Since 1986, the Immigration and Nationality Act has required employers to to verify that its employees are able to accept employment in the United States. Consequently, the I-9 form was developed. Every employee must complete an I-9 form at the time of hire. Employers are required to ensure the form is completed within three days of hire. Furthermore, even if the company engages contractors, the company could be liable if it knows the contractor employs unauthorized workers. Obviously, criminal penalties await those who fraudulently fill out the I-9 form, but civil penalties also can be levied against companies who fail to keep proper records, even if the employee is legally authorized to work in the United States.

As always, ask your attorney to make sure that your company’s legal issues are covered so that you can focus your energy on growing your business.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

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Estate Administration: Will Contests and Testamentary Capacity

October 30, 2019 on 1:41 pm | In Estate Administration | No Comments

Readers of our website may notice that we list “Estate Administration” as an area of our practice. We assist executors of wills, or personal representatives of estates to properly dispose of a decedent’s assets.

Occasionally, we get involved in cases in which a party contests a decedent’s Will that has been probated with the court. Typically, that person will claim that another Will should be considered the proper Will because the most recent Will was either

  • made when the decedent lacked the mental capacity at the time the Will was made, or
  • the most recent Will was made under the undue influence by a person who held a position of trust and confidence with the decedent.

 Last Will & Testament

In the case of Weedon v. Weedon, an older woman with a diagnosis of multiple myeloma revised her Will in 2007. Prior to surgery in 2008, she decided to revise her Will again. As part of the revisions, the testatrix decided to bequest all of her real property to just one of her five children (who had also taken the role of caregiver for her mother). Four days after signing the new Will (and three days after surgery), the decedent died. After the will was probated, the remaining four children sued their sister seeking an order that either their mother lacked the mental capacity to make the revised Will; or that the revised Will was made as a result of their sister’s undue influence.

The King George Circuit Court determined that the decedent lacked the testamentary capacity when she executed the Will and that the Will was the result of undue influence, but the Virginia Supreme Court reversed. In this blog post, we examine the direction given by the Virginia Supreme Court in determining whether a decedent had the mental capacity at the time the Will was made.

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Update for Limited Liability Companies: What happens to Membership Interest when a Member Dies?

October 30, 2019 on 1:41 pm | In Business Law, Business Planning, John Tarley | No Comments

We blogged about the Virginia Supreme Court case of Ott v. Monroe. In that case, the Court ruled that when a father, in his will, assigned his majority interest in a limited liability company to his daughter, he only assigned a profit interest, not a control interest. Consequently, his daughter did not have the authority to “run” the company, absent the consent of the remaining LLC members.

In its 2013 session, the General Assembly modified the relevant LLC statutes in an attempt to overturn the Virginia Supreme Court’s decision. This blog post examines the new statute, and how it may impact your limited liability company.

Business Deal
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Neighbor Law: Tips for Avoiding Boundary Line Disputes

October 30, 2019 on 1:41 pm | In Construction litigation, General Interest, HOA, HOA litigation, John Tarley, Real Estate Litigation, Real Estate Strategies, State & Federal Litigation | No Comments

Few real estate topics cause more disputes between owners than those involving activities at a common boundary. We have reviewed boundary line disputes involving trees that straddle property lines and fences that encroach upon boundary lines.

A recent Portsmouth case highlights another issue relating to boundary lines.

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What Does It Mean to be on the Board of Directors of your HOA? Potential Liability (Part 2 of a Series)

October 30, 2019 on 1:41 pm | In Common Interest Community, General Interest, HOA, State & Federal Litigation, Susan B. Tarley | No Comments

We frequently are asked whether volunteer board members can be civilly liable for actions taken while a board member. This issue is of serious concern because lawsuits tend to be over inclusive, naming every possible defendant in the initial complaint. Why sign up as a volunteer board member if it could bankrupt you?

 

 

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Real Estate Listing Agreements are Contracts – Do you know your rights and obligations?

October 30, 2019 on 1:41 pm | In Business Planning, General Interest, John Tarley, Real Estate Litigation, Real Estate Strategies | No Comments

No sooner had we posted our blog article on the enforceability of listing agreements even when they are not in writing, another recent case came to our attention. This case is from the New Kent County Circuit Court. This case is another example of the increasing acrimony between sellers and brokers in a tight real estate market.

House For Sale

Listing Agreements

 

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Zoning and “Adaptive Reuse” – What does that actually mean?

October 30, 2019 on 1:41 pm | In Business Planning, General Interest, Land Use Planning, Real Estate Strategies, Zoning | No Comments

DOG Street Pub, the former SunTrust Bank

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One important tip for your construction project – Change Orders

October 30, 2019 on 1:41 pm | In Construction litigation, General Interest, John Tarley, State & Federal Litigation | No Comments

The DPOR regulations require Class A Contractors to obtain written change orders “which are signed by both the consumer and the licensee.” This requirement sounds pretty reasonable and easy to maintain, yet the reality is that many contractors fail to fully comply with this provision, leading to possible problems down the road.

 

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HOAs and Transition from Developer Control – 101

October 30, 2019 on 1:41 pm | In Business Law, Business Planning, Common Interest Community, HOA, HOA litigation, John Tarley, Susan B. Tarley, Unit Owners Association | No Comments

Owners in most community associations—both homeowner associations and condominium associations—eventually reach the point where the developer transfers control of the Board of Directors to the owners. This blog post provides an introduction to the transition process and what owners can expect.

Susan Tarley

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Should I incorporate my business?

October 30, 2019 on 1:40 pm | In Business Planning, Merger & Acquisition, Neal J. Robinson | No Comments

Frequently, budding entrepreneurs merely evolve into business without giving it the upfront thought the transition deserves.  They become what are usually known as “sole proprietors” operating “sole proprietorships,” or one-man/woman businesses.

Business Deal

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