Faith. Service. Law.

Rule of Law and Liberty

Defending constitutional principles and individual rights. Due process, property rights, estate planning, and the legal framework that protects freedom.

The Courage to Speak for Rule of Law

The Courage to Speak for Rule of Law

We must awaken the courage that has defined the American ethos for generations, or we may forever lose the founder’s legacy.

· 5 min read
We Must Not Yield on Due Process

We Must Not Yield on Due Process

In this post, I reflect upon the sacrosanct nature of due process and why we should safeguard it at all costs. This content uses referral...

· 5 min read
Week 4 of JASOC: Get In The Courtroom

Week 4 of JASOC: Get In The Courtroom

In this post, I discuss finally being able to get in the courtroom in the fourth week of JASOC.

· 5 min read
Atheism Provides a False Sense of Intelligence

Atheism Provides a False Sense of Intelligence

In my interaction with militant nonbelievers, it has become apparent that, for many, atheism provides a false sense of intelligence.

· 5 min read
Paper Writing and Basement Dwelling

Paper Writing and Basement Dwelling

This post discusses the paper writing process without access to a library or even the ability to leave my house. This content uses referral...

· 5 min read
The Ivy League on Pass/Fail

The Ivy League on Pass/Fail

This post discusses the sudden implantation of pass/fail grading systems at Yale and the sense of entitlement surrounding it.

· 5 min read
Angry All the Time in the Ivy League

Angry All the Time in the Ivy League

In this post, I discuss why I think students on elite college campuses seem angry all the time.

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COVID, Yale, and a Brave New World

COVID, Yale, and a Brave New World

In this post, I discuss COVID, its ramifications on Yale’s campus, and the new normal after the end of spring break.

· 5 min read
The Ivy League Façade

The Ivy League Façade

As I begin to grow comfortable at Yale, I am becoming more aware of the Ivy League façade that masks much of the mundane and unpolished aspects of elite...

· 5 min read
The Administrative Discharge Process – JASOC Week 3

The Administrative Discharge Process – JASOC Week 3

In this post, I discuss the administrative discharge process, the main focus of the third week of JASOC. I also explore other pertinent issues from the...

· 5 min read
Week 14 at YDS: Finals at Yale

Week 14 at YDS: Finals at Yale

In this post in my series “God and Man at Yale Divinity I wrap up the semester...

· 5 min read
Week 7 at Yale: Struggle with Scriptural Inerrancy

Week 7 at Yale: Struggle with Scriptural Inerrancy

In this post in my series “God and Man at Yale Divinity School I discuss my...

· 5 min read
Week 3: Using the GI Bill for Graduate School at Yale

Week 3: Using the GI Bill for Graduate School at Yale

In this post in my series “God and Man at Yale Divinity School I discuss my...

· 5 min read
Cy Pres, Modification, and Dissolution of Nonprofits

Cy Pres, Modification, and Dissolution of Nonprofits

In this post, I discuss the process of changing a nonprofit, including the modification of its terms through cy pres and dissolution.

· 5 min read
Founding a Nonprofit Organization

Founding a Nonprofit Organization

In this post, I discuss some considerations when founding a nonprofit organization, including choosing the organization’s form.

· 5 min read
Nonprofit Organizations

Nonprofit Organizations

In this post, I discuss the basics of nonprofit organizations, why they are necessary, and the essential role they play in our society.

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Rules of Professional Conduct for Judge Advocates

Rules of Professional Conduct for Judge Advocates

In this post, I discuss the specialized rules of professional conduct governing judge advocates practicing law in the military.

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A Judge Advocate’s Professional Responsibility

A Judge Advocate’s Professional Responsibility

In this post, I discuss the unique rules of professional responsibility imposed on judge advocates practicing within a military context.

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The Court-Martial Process

The Court-Martial Process

In this post, I discuss the entire court-martial process, from preliminary investigation, through the trial, all the way to sentencing.

· 5 min read
Unlawful Command Influence

Unlawful Command Influence

In this post, I discuss unlawful command influence and the issue it poses for the military justice system.

· 5 min read
The Military Court System

The Military Court System

In this post, I provide an overview of the unique characteristics of the military court system, including its trial and appellate courts.

· 5 min read
Fighting Frivolous Appeals

Fighting Frivolous Appeals

In this post, I discuss how the Arkansas Supreme Court is fighting frivolous lawsuits by sanctioning those who file frivolous appeals.

· 5 min read
Stay Pending Appeal

Stay Pending Appeal

In this post, I discuss the stay pending appeal and how it can prevent the enforcement of a judgment until the final resolution of the appeal.

· 5 min read
Certified Questions of Law

Certified Questions of Law

In this post, I discuss certified questions of law and the interaction between various state and federal courts in the Arkansas appellate process.

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The Mandate and Enforcing the Result of an Appeal

The Mandate and Enforcing the Result of an Appeal

In this post, I discuss the mandate in the Arkansas appellate process and its usefulness in enforcing the result of an appeal.

· 5 min read
The Record on Appeal

The Record on Appeal

In this post, I discuss the record on appeal, what is required, and the important role it plays in the Arkansas appellate practice.

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Oral Arguments

Oral Arguments

In this post, I discuss the place of oral arguments in Arkansas appellate practice, including when they may occur and when they may not.

· 5 min read
Amici Curiae Briefs

Amici Curiae Briefs

In this post, I discuss amici curiae briefs, what they are, and the influence they may possess within the Arkansas appellate process.

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Deadline to File the Record on Appeal

Deadline to File the Record on Appeal

In this post, I discuss the deadline to file the record on appeal and the requirements imposed by the appellate court.

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Deadlines For Filing an Appeal

Deadlines For Filing an Appeal

In this post, I discuss the various deadlines for filing an appeal in Arkansas.

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How to File a Civil Appeal in Arkansas

How to File a Civil Appeal in Arkansas

In this post, I discuss how to file a civil appeal in the State of Arkansas.

· 5 min read
How to Secure a Copyright

How to Secure a Copyright

In this post, I discuss how to secure a copyright protection for your original works.

· 5 min read
Conducting a Copyright Search

Conducting a Copyright Search

In this post, I discuss how to conduct a copyright search to discover what works have taken advantage of the protections of registration.

· 5 min read
Maintaining a Trademark

Maintaining a Trademark

In this post, I discuss the requirements for maintaining a trademark after registration, including the filing requirements to keep it protected.

· 5 min read
Do I Need a Lawyer to File a Trademark Application?

Do I Need a Lawyer to File a Trademark Application?

!need a lawyer to file a...

· 5 min read
Trademark v. Service Mark

Trademark v. Service Mark

!trademark v. service...

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Copyright Deposit Requirement

Copyright Deposit Requirement

!deposit...

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Copyrights and Foreign Works

Copyrights and Foreign Works

!foreign...

· 5 min read
How Long Does a Copyright Last?

How Long Does a Copyright Last?

[*](https://www.flickr.com/photos/evergreenkamal/384258821/in/photolist-aGsP14-7PozJp-84P71r-dphot9-ix8Rbz-eqHuv-6NP8d6-HdurS-aibaen-6buevW-7acJMF-8DFBf3-...

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Copyright Fair Use

Copyright Fair Use

[![fair use](https://www.garrettham.com/wp-content/uploads/2014/04/3293296714_6519f5908a_z.jpg)](https://www.flickr.com/photos/jurvetson/3293296714)

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Understanding Copyrights

Understanding Copyrights

!understanding...

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Brief the Commander and Week 6 of JAG School

Brief the Commander and Week 6 of JAG School

In this post, I discuss my experience during week 6 of the Army JAG School, particularly the “brief the commander” exercise.

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Fiscal Law and Week 5 JAG School

Fiscal Law and Week 5 JAG School

In this post, I discuss the contract and fiscal law curriculum during the fifth week of the Army’s JAG School.

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Week 2 of the Army JAG School

Week 2 of the Army JAG School

In this post, I share my experience during the second week of the Army JAG School.

· 5 min read
Copyright Registration

Copyright Registration

In this post, I discuss the process and benefits of copyright registration and how it can provide greater protections to your intellectual property.

· 5 min read
The Notice of Appeal

The Notice of Appeal

!notice of...

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The Petition For Review

The Petition For Review

In this post, I discuss the petition for review in Arkansas appellate law.

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Arkansas Supreme Court and Court of Appeals: Appellate Jurisdiction in Arkansas

Arkansas Supreme Court and Court of Appeals: Appellate Jurisdiction in Arkansas

!arkansas supreme...

· 5 min read
Quoted By Credit.com

Quoted By Credit.com

!Credit Cards

· 5 min read
The Basis for a Trademark Application

The Basis for a Trademark Application

[![basis](https://www.garrettham.com/wp-content/uploads/2013/12/9237786653_5c7e7b0a81_z.jpg)](https://www.flickr.com/photos/danmoyle/9237786653)

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After Filing Your Trademark Application

After Filing Your Trademark Application

!trademark...

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Intellectual Property

Intellectual Property

!intellectual...

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Registering Your Trademark

Registering Your Trademark

In this post, I discuss the process and requirements of registering your trademark, a great way to protect your intellectual property.

· 5 min read
Availability of Civil Appeals in Arkansas

Availability of Civil Appeals in Arkansas

!civil appeals

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Agent Liability to a Third Party

Agent Liability to a Third Party

In this post, I discuss agent liability to third parties. I further discuss the danger it poses to agents as they perform their duties.

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The S Corporation

The S Corporation

[![S...

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Piercing the Corporate Veil

Piercing the Corporate Veil

!piercing the corporate...

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Partnership Tax Terms

Partnership Tax Terms

!partnership tax...

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The Benefits of Partnership Taxation

The Benefits of Partnership Taxation

!partnership...

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The Business Judgment Rule

The Business Judgment Rule

In this post, I discuss the business judgment rule and the legal liability protections that it provides to company management.

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Fiduciary Duties of an Agent

Fiduciary Duties of an Agent

!duties of an...

· 5 min read
Directors’ Duty of Loyalty

Directors’ Duty of Loyalty

In this post, I discuss the directors’ duty of loyalty to the company they manage and how this may interact with potential legal liabilities.

· 5 min read
Irrevocable Agencies

Irrevocable Agencies

!irrevocable agencies

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Limited Liability Partnerships (LLPs)

Limited Liability Partnerships (LLPs)

!limited liability...

· 5 min read
Limited Partnerships (LPs)

Limited Partnerships (LPs)

!limited...

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The Shareholder Derivative Suit

The Shareholder Derivative Suit

!shareholder derivative...

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Shareholders and Directors

Shareholders and Directors

!shareholders and...

· 5 min read
Creating and Terminating an Agency Relationship

Creating and Terminating an Agency Relationship

In this post, I discuss the agency relationship. I particularly discuss how both to create and terminate such relationships.

· 5 min read
Closing The Internet Sales Tax Gaps – Who Wins And Who Loses?

Closing The Internet Sales Tax Gaps – Who Wins And Who Loses?

In this guest post, Matthew Brennan, a marketing writer writing on behalf of The Hays Firm, LLC in Chicago, discusses the...

· 5 min read
Dividends

Dividends

!Dividends

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Power of Appointment

Power of Appointment

In this post, I discuss the power of appointment and specifically discuss the difference between general and special powers.

· 5 min read
Who Has the Right to Receive Trust Distributions?

Who Has the Right to Receive Trust Distributions?

[![trust...

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Trust Modification and Termination

Trust Modification and Termination

[![trust...

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Charitable Trusts

Charitable Trusts

!charitable trusts

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The Corporation

The Corporation

!corporation

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The Role of the Lawyer in Business

The Role of the Lawyer in Business

!Serious...

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Creating a Trust

Creating a Trust

!creating a trust

· 5 min read
Using a Family Limited Partnership to Lower Estate Tax Liabilities

Using a Family Limited Partnership to Lower Estate Tax Liabilities

!Family Limited Partnership to Lower Estate...

· 5 min read
The Family Limited Partnership as an Innovative Estate-Planning Tool

The Family Limited Partnership as an Innovative Estate-Planning Tool

In this post, I discuss family limited partnerships and the potential tax benefits they may offer for business and estate planning alike.

· 5 min read
When an Heir Predeceases the Testator

When an Heir Predeceases the Testator

[![heir...

· 5 min read
Can Your Employer Stop You From Taking a Holiday?

Can Your Employer Stop You From Taking a Holiday?

In this guest post, Lauren Hillier, an employment lawyer at Slater & Gordon Lawyers in the United Kingdom, discusses vacation policy in her country. This...

· 5 min read
Introduction to Trusts

Introduction to Trusts

In this post, I provide an introduction to trusts, how they work, their benefits, and some of their basic attributes that make them valuable tools.

· 5 min read
Duties of a Trustee of a Trust

Duties of a Trustee of a Trust

!Duties of a...

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The Video Will

The Video Will

In this post, I discuss the popular idea of the video will, separating fact from fiction to discuss when such a will can serve a valid purpose.

· 5 min read
Abatement and Ademption: Property Changes and Your Kids’ Inheritance

Abatement and Ademption: Property Changes and Your Kids’ Inheritance

!abatement

· 5 min read
The Arkansas Probate Process

The Arkansas Probate Process

In this post, I discuss the various steps in the Arkansas probate process. For more detailed information, please see my book, The Simple Guide to Estate...

· 5 min read
Differences in UK and US Business Law

Differences in UK and US Business Law

In this guest post, James Faulkner, a specialist legal copywriter from the United Kingdom, discusses the differences in United Kingdom and United States...

· 5 min read

Irrevocable Life Insurance Trust (ILIT)

In a previous post I discussed the role life insurance can play in an estate plan. In...

· 5 min read

Grounds to Contest a Will

In a previous post I discussed the proper mental capacity required to form a valid will. If the...

· 5 min read

Required Mental Capacity to Make a Will

A will is often the easiest way to ensure that your property is disposed of in accordance with your wishes after death. Not everyone, however, may draft a...

· 5 min read

The No Contest Clause

In previous posts, I discussed grounds for will contests, including lack of mental capacity undue...

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Probate Public Notice and the Nonclaim Statute

Probate Public Notice and the Nonclaim Statute

In this post, I discuss the public notice requirement imposed by the probate process.

· 5 min read
Small Estate Probate

Small Estate Probate

In this post, I discuss small estate probate in Arkansas, a streamlined probate process that bypasses some of the normal probate headaches.

· 5 min read
The Problem of the Dead Hand

The Problem of the Dead Hand

In this post, I discuss the ability of the dead to affect the behavior of the living, sometimes known as the problem of the dead hand.

· 5 min read
Revoking a Will

Revoking a Will

In this post, I discuss the process of revoking a will to ensure its provisions are not carried out.

· 5 min read
Ambiguous Wills

Ambiguous Wills

In this post, I discuss ambiguous wills, the difficulties they cause in distributing property, and how courts try to handle these situations.

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Issues of Inheritance Planning

In most circumstances, inheritance planning is relatively straightforward, particularly where you want to leave your property to your surviving children....

· 5 min read
Parts of a Will

Parts of a Will

In this post, I discuss and explain the various different parts of a will and their importance when drafting your will.

· 5 min read
Bars to Inheritance

Bars to Inheritance

!1780 quadruple murder in...

· 5 min read
Charitable Remainder Unitrust

Charitable Remainder Unitrust

In this post, I discuss the charitable remainder unitrust, the estate planning benefits it offers, and how it can provide you income now.

· 5 min read
Planning with Life Insurance

Planning with Life Insurance

In this post, I discuss some techniques for estate planning with life insurance, the benefits it can offer, and how it can help address estate tax...

· 5 min read
Filing for Divorce and the Gray Zone of Inheritance

Filing for Divorce and the Gray Zone of Inheritance

In this guest post, Howard Iken a divorce attorney in Orlando,...

· 5 min read
Trusts and Probate

Trusts and Probate

!Black & White...

· 5 min read
Qualified Personal Residence Trust (QPRT)

Qualified Personal Residence Trust (QPRT)

!A. H. Allyn...

· 5 min read
GRATs and GRUTs

GRATs and GRUTs

In this post, I discuss grantor retained annuity trusts GRATs, grantor retained unitrusts GRUTs, and their potential estate planning benefits.

· 5 min read
Life Insurance

Life Insurance

!Universal Life Insurance Company...

· 5 min read
Grantor Retained Income Trusts (GRITs)

Grantor Retained Income Trusts (GRITs)

[![Money](https://www.garrettham.com/wp-content/uploads/2013/09/7027604401_406e35ba1f_z.jpg)](https://www.flickr.com/photos/76657755@N04/7027604401)

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Planned Giving Strategies

Planned Giving Strategies

!For the Poor Charity Box Basilica of St. Adelbert Grand Rapids December 29,...

· 5 min read
Timing and Limitations of the Charitable Donation Deduction

Timing and Limitations of the Charitable Donation Deduction

In this post, I discuss the charitable donation deduction, its limitations, and how knowledge of this information can help you with your tax planning.

· 5 min read
Giving Gifts of Partial Interests to Charity

Giving Gifts of Partial Interests to Charity

In this post, I discuss gifts of partial interest to charity, the tax benefits they may provide, and how understanding them can help lower your tax bill.

· 5 min read
Noncash Gifts to Charity

Noncash Gifts to Charity

!1990 Chevrolet Beretta Indy 500 Pace...

· 5 min read
Charitable Deductions

Charitable Deductions

In this post, I discuss qualified charitable deductions for purposes of the income and estate taxes and how they can help lower your tax bill.

· 5 min read
Understanding the “Skip Person”

Understanding the “Skip Person”

In this post, I define a skip person for purposes of the generation-skipping transfer tax. For more detailed information, please see my book, The...

· 5 min read
Generation-Skipping Transfer Tax

Generation-Skipping Transfer Tax

!Hitting the links

· 5 min read
Uniform Transfer to Minors Act

Uniform Transfer to Minors Act

!The Believer's...

· 5 min read
Grantor Trusts

Grantor Trusts

In this post, I discuss the grantor trust and the potential estate planning benefits it can offer.

· 5 min read
529 Plans

529 Plans

!Autumn night in Harvard...

· 5 min read
The Crummey Trust

The Crummey Trust

!grandchildren

· 5 min read
Qualified Domestic Trust (QDOT)

Qualified Domestic Trust (QDOT)

!Overholser...

· 5 min read
Irrevocable Living Trusts

Irrevocable Living Trusts

In this post, I discuss the irrevocable living trust and the advantages it can provide as part of a comprehensive estate plan.

· 5 min read
Adult Guardianship

Adult Guardianship

In this post, I discuss the process of establishing an adult guardianship, particularly for family members who are unable to care for themselves.

· 5 min read
Qualified Terminable Interest Property (QTIP) Trust

Qualified Terminable Interest Property (QTIP) Trust

[![-1](https://www.garrettham.com/wp-content/uploads/2013/08/4458038791_eef737c27a_o.jpg)](https://www.flickr.com/photos/emerycophoto/4458038791)

· 5 min read
Creditors and Tenancy By The Entirety

Creditors and Tenancy By The Entirety

In this post, I discuss tenancy by the entirety, a common way married couples own property together, and the asset protection benefits it may provide.

· 5 min read
HIPAA

HIPAA

!Information Security Wordle: NIST HIPAA Security Guide...

· 5 min read
The Living Will

The Living Will

!Lubbock Heart Hospital, Dec 16-17,...

· 5 min read
The Holographic Will

The Holographic Will

[![writer](https://www.garrettham.com/wp-content/uploads/2013/08/8246777346_65a6c0ce84_k-1024x680.jpg)](https://www.flickr.com/photos/mario-mancuso/824677...

· 5 min read
The Durable Power of Attorney

The Durable Power of Attorney

In this post, I discuss the durable power of attorney and the potential benefits that it can offer.

· 5 min read
The Power of Attorney

The Power of Attorney

!Tax Center Education - U.S. Army Garrison Humphreys, South Korea - 15 January...

· 5 min read
Pros and Cons of a Living Trust

Pros and Cons of a Living Trust

In this post, I discuss the pros and cons of a living trust, particularly the benefits and drawbacks it offers as part of your estate plan.

· 5 min read
Per Capita and Per Capita at Each Generation

Per Capita and Per Capita at Each Generation

In this post, I discuss the per capita and the per capita at each generation manners of inheritance distribution. For more detailed information,...

· 5 min read
Per Stirpes

Per Stirpes

In this post, I discuss the per stirpes manner of inheritance distribution. For more detailed information, please see my book, The Simple Guide to...

· 5 min read
Executing a Will in Arkansas

Executing a Will in Arkansas

!Last Will And...

· 5 min read
Your Will and Residuary Estate

Your Will and Residuary Estate

!Ground and aerial shots of recent real estate projects we've...

· 5 min read
The Arkansas Anti-Lapse Statute

The Arkansas Anti-Lapse Statute

In this post, I discuss the anti-lapse statute, how it affects a bequest to someone who predeceases you, and how it can save an impossible will...

· 5 min read
Disinheriting Children in Arkansas

Disinheriting Children in Arkansas

In this post, I discuss the steps Arkansas requires to disinheriting children. It’s not as easy a simply leaving a child out of your will.

· 5 min read
The Federal Estate Tax

The Federal Estate Tax

!Important: Barack Obama Set The Death Tax At 40 Percent But Wants An Even Higher Rate, The 60 Plus...

· 5 min read
The Federal Gift Tax

The Federal Gift Tax

In this post, I discuss how the gifts you make may result in a large tax bill, courtesy of the federal gift tax, and how this backstops the estate tax.

· 5 min read
Title II Weapons

Title II Weapons

In this post, I discuss the different types of Title II weapons as defined by the National Firearms Act, including machine guns.

· 5 min read
The Living Trust

The Living Trust

In this post, I discuss the revocable living trust and its advantages. Its flexibility has made it a popular estate-planning tool.

· 5 min read
Parental Power of Attorney

Parental Power of Attorney

In this post, I discuss the parental power of attorney and how parents can use it to help provide for their children’s needs.

· 5 min read
Using FLPs to Lower Estate and Gift Tax Liabilities

Using FLPs to Lower Estate and Gift Tax Liabilities

In this post, I discuss how a family limited partnership, or FLP, can be used to reap large estate and gift tax savings and why it’s become so popular.

· 5 min read
NFA Gun Registration Requirements

NFA Gun Registration Requirements

!prison guard...

· 5 min read
“Do I Need a Lawyer to Draft My Will?”

“Do I Need a Lawyer to Draft My Will?”

!Last Will And...

· 5 min read
Gun Trusts

Gun Trusts

[![IMG_3794](https://www.garrettham.com/wp-content/uploads/2013/08/4097126286_dc8c233191_b.jpg)](https://www.flickr.com/photos/raybdbomb/4097126286)

· 5 min read
The National Firearms Act of 1934

The National Firearms Act of 1934

!World War 1 World War 2 re-enactors Rotherham...

· 5 min read
The Limited Liability Company (LLC) Part 2

The Limited Liability Company (LLC) Part 2

!Wood Building - Van...

· 5 min read
The Limited Liability Company (LLC) Part 1

The Limited Liability Company (LLC) Part 1

!Small Business Saturday, after Edward...

· 5 min read
Business Forms to Avoid

Business Forms to Avoid

!Mom & Pop's...

· 5 min read
Parents Dying Without a Will

Parents Dying Without a Will

In this post, I discuss the ramifications of parents’ dying without a will.

· 5 min read
Do I Need a Will?

Do I Need a Will?

This post seeks to answer the common question, Do I need a will?

· 5 min read

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