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Law Blog of Montgomery Purdue

8Oct 2014

Kara Kalenius Novak Seattle Attorney red dress

Author Kara Kalenius Novak

Fifth Circuit Decision Affirms Importance of Documenting Valuation Discounts

  • Oct 8, 2014
  • Kara Kalenius Novak
  • Estate Planning
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In the recent decision Estate of James A. Elkins, Jr. v. Comm’r, the Fifth Circuit Court of Appeals ruled that artwork owned by an estate was entitled to a significant 45% valuation discount, resulting in an over $14 million estate…

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23Jul 2014

Author Kyle Silk-Eglit

Insurance Coverage: Stigma Damages vs. Diminished Value Damages

  • Jul 23, 2014
  • Kyle Silk-Eglit
  • Insurance Coverage
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A recent Washington appellate case clarified the distinction between “stigma damages” and “diminished value damages” to a vehicle involved in a collision and addressed whether their recovery may be excluded from an automobile insurance policy.  In Ibrahim v. AIU Ins.…

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9Jul 2014

Kara Kalenius Novak Seattle Attorney red dress

Author Kara Kalenius Novak

U.S. Supreme Court Rules Inherited IRAs Are Not Exempt From Bankruptcy

  • Jul 9, 2014
  • Kara Kalenius Novak
  • Bankruptcy, Estate Planning
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The U.S. Supreme Court recently ruled that inherited individual retirement accounts (IRAs) are not exempt assets for bankruptcy purposes, and thus can be used to satisfy the claims of bankruptcy creditors.  In Clark v. Rameker, the debtor had inherited an IRA…

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9Jul 2014

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Author Luke Campbell

Seattle Minimum Wage Ordinance

  • Jul 9, 2014
  • Luke Campbell
  • Employment Law, Labor Law
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The Seattle City Council unanimously voted to adopt a minimum wage for the City of Seattle, which will gradually increase to $15/hour and then automatically increase with inflation.  All employers that have employees working within the city limits of Seattle…

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19May 2014

Kara Kalenius Novak Seattle Attorney red dress

Author Kara Kalenius Novak

Tax Court Case Demonstrates Importance of Proper Trust Funding

  • May 19, 2014
  • Kara Kalenius Novak
  • Estate Planning
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A recent Tax Court case, Estate of Olsen v. Comm’r, T.C. Memo 2014-58, demonstrates the importance of proper trust funding after the first spouse’s death. In Olsen, a married couple established two revocable trust agreements during their lives as their…

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18May 2014

Author Bill Humphries

Franchise Basics in Washington: FTC Rule and FIPA

  • May 18, 2014
  • Bill Humphries
  • Franchise Law
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We are all familiar with franchises to some degree or another.  If you don’t think you are familiar, just drive down a main street in any town, and you will surely encounter a franchised business at some point.  Because franchises…

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7May 2014

Author Kyle Silk-Eglit

Pre-Injury Release and Waiver Provisions

  • May 7, 2014
  • Kyle Silk-Eglit
  • Litigation
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Recreational sports, such as skiing, scuba diving and basketball can be a lot of fun but are not without their injury risks. Businesses involved in such sports can limit their liability by having participants sign a waiver, but should be aware…

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25Apr 2014

Kara Kalenius Novak Seattle Attorney red dress

Author Kara Kalenius Novak

Court of Appeals Clarifies Timing Requirements for Creditor's Claim Lawsuits

  • Apr 25, 2014
  • Kara Kalenius Novak
  • Creditor Debtor, Estate Planning
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The Washington State Court of Appeals, Division 1, recently clarified the time limit for a creditor of an estate to file a lawsuit against a personal representative who has rejected the creditor’s claim. In re Estate of Stover, involved an…

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18Mar 2014

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Author Nate Somers

Commercial Guarantors are Still on the Hook Even After Non-Judicial Foreclosure, Says Division I

  • Mar 18, 2014
  • Nate Somers
  • Business Law, Litigation, Real Estate Law
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The Division I Court of Appeals recently split with Division II and held that a lender retains the right to pursue a deficiency action against commercial guarantors after nonjudicially foreclosing on deeds of trust securing the underlying loans. Washington Fed.…

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5Mar 2014

Kara Kalenius Novak Seattle Attorney red dress

Author Kara Kalenius Novak

Certified Professional Guardians Subject to New Visitation Standards

  • Mar 5, 2014
  • Kara Kalenius Novak
  • Fiduciary Services
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The Certified Professional Guardian Board, a program run by the Washington state court system which governs certified professional guardians in Washington, has revised its standards for “meaningful in-person contact” with the incapacitated person. These changes were made following the Washington…

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