McHenry Haszard Law Lincoln Family and Criminal Lawyer | Estate Planning Attorney In Lincoln | Lancaster County NE Business Law 2026-06-08T09:03:11Z https://www.mchenrylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1505016/2022/01/cropped-favicon-holder-mchenry-32x32.jpg On Behalf of McHenry Haszard Law <![CDATA[Protecting your business when your co-founder is family]]> https://www.mchenrylaw.com/?p=48869 2026-05-05T14:30:37Z 2026-05-05T14:29:36Z Why family businesses need extra attention Family businesses face unique challenges that non-family partnerships don't. The lines between personal and professional life blur quickly. What happens when your spouse wants to scale back hours for family reasons? What if your sibling gets divorced and their ex-spouse has claims to business assets? The uncomfortable reality is that family disputes often become the most bitter business battles. Planning ahead can help you resolve or even avoid common conflicts. You can start with addressing the following critical areas when starting a Nebraska business with family.

Ownership splits and capital contributions

Don't automatically default to 50/50 ownership. Your operating agreement should document actual contributions from each partner. Consider these factors:
  • Time and labor each partner contributes
  • Financial investment and who provided startup capital
  • Specialized skills or expertise each person brings
  • What happens if one partner can't contribute equally due to illness or family obligations
In Nebraska, how you structure ownership affects your tax treatment. Different entity types handle distributions and losses differently, which matters come tax season.

Decision-making and buyout provisions

Establish clear decision-making processes before any conflicts arise. Your business documents should address:
  • Who has authority over different types of decisions
  • What triggers a buyout (divorce, death, disability or wanting out)
  • How you'll value the business for a buyout
  • Payment terms if one partner buys out the other
These provisions become especially important if spouses divorce or siblings have a falling out.

Succession and exit planning

Plan for life's uncertainties now. What happens to your spouse's business interest if they pass away? Do you want their new partner potentially inheriting ownership? Address these questions:
  • How business interests transfer to heirs
  • Life insurance to fund buyouts
  • Property division considerations for married couples in Nebraska
  • Retirement timelines and transitions
These plans work with your personal estate planning to protect your wishes and your legacy.

The bottom line

The best time to have these conversations is when everyone's getting along and when you share the same vision for the business. Clear, enforceable legal strategies and documentation can preserve both your relationships and your livelihood.]]> On Behalf of McHenry Haszard Law <![CDATA[3 questions to ask yourself before filing for divorce in Nebraska]]> https://www.mchenrylaw.com/?p=48854 2026-02-09T15:26:33Z 2026-02-09T15:26:33Z Do I meet Nebraska’s filing and residency requirements? Before filing for a divorce, you need to confirm whether a Nebraska court may accept your case. In many situations, at least one spouse must have lived in Nebraska for at least 1 year with the intent to remain before filing. Nebraska law also allows a narrow exception when the marriage occurred in Nebraska, and both spouses lived in the state after the wedding. You also need to file in the correct county. A recent move, military service or extended time outside the state may affect how these requirements apply.

Have I considered financial and parenting issues that may arise?

Before filing for a divorce, you benefit from reviewing specific household details rather than broad estimates. This review often includes the following:
  • Identifying marital assets and property claimed as separate
  • Listing debts held jointly and debts held individually
  • Reviewing income sources and ongoing financial obligations
  • Considering parenting schedules tied to school and daily care
When minor children are involved, parenting structure often becomes part of early case discussions.

Am I prepared for the divorce process and available options?

Nebraska divorce cases follow a structured timeline. State law includes a waiting period before a court may issue a final order, which often begins after service. You may also consider whether your situation could involve negotiation, mediation or court hearings. Each approach brings different demands on preparation, communication and time.

Factors that may shape your next decision

After asking these questions, your next step may involve gathering information, clarifying priorities or deciding whether to seek guidance before filing. You may choose to take more time, explore available resources or confirm details that still feel unclear. Divorce decisions rarely require immediate action, but they often benefit from thoughtful pacing. Moving forward with greater awareness can help you approach the process with steadier expectations and fewer unknowns.]]> On Behalf of McHenry Haszard Law <![CDATA[If I pass a field sobriety test, do I still face DUI charges?]]> https://www.mchenrylaw.com/?p=48853 2025-11-11T11:41:02Z 2025-11-11T11:41:02Z The term "pass" implies a clear-cut victory, but field sobriety tests (FSTs) are not administered in a school exam-like manner. They are a set of standardized exercises used to gather clues of impairment. This critical distinction is why you can demonstrate perfect balance and still be charged with a DUI. If you are struggling to reconcile your roadside performance with the serious charges you now confront, you need to understand the subjective nature of the FSTs and the officer's discretion.

Probable cause, not final proof

Field sobriety tests, such as walking in a straight line, standing on one leg or following a pen with your eyes, often help the arresting officer gather enough reasonable suspicion to create probable cause for an arrest. If the officer determines you fail the tests, they generally have stronger grounds to move forward with the DUI process. Even if you perform well, the officer’s initial observations may serve as evidence to support the arrest, such as:
  1. The smell of alcohol on your breath
  2. Slurred speech during your conversation
  3. Glassy or bloodshot eyes
  4. Erratic driving behavior before the stop
The officer can use these subjective clues to argue they still had probable cause to arrest you, regardless of your FST performance.

Nebraska on impairment and BAC

Nebraska law clearly defines two main ways a person faces a DUI charge, and only one way directly relates to impairment. The state makes it illegal to drive:
  1. While under the influence of alcohol or drugs
  2. When your Blood Alcohol Concentration (BAC) is 0.08% or higher (0.08 grams per 210 liters of breath)
The FSTs address the first point: driving while under the influence. The chemical tests, such as the breathalyzer or blood test, address driving with a BAC at or above the legal limit.

Chemical evidence overrides performance

When your successful FST performance conflicts with a high BAC reading, the chemical evidence often overrides the physical one. This is especially true in Nebraska because the law includes the per se charge. This legal term means that having a BAC of 0.08% or more is itself a violation of the law, regardless of your physical ability to perform the FSTs. Prosecutors usually use the BAC reading as definitive, scientific proof of intoxication under state statute. You may have walked a straight line perfectly, but if the chemical test shows a BAC of 0.10%, the state focuses solely on that number to prove the charge.

Protecting your future

Contending with a DUI charge can create serious personal and legal trouble, including jail time, heavy fines and loss of your driver’s license. Prompt action is key to protecting your rights.  You need professional help to review the entirety of the evidence against you. A defense lawyer can help you challenge the chemical test's accuracy, introduce your passing FSTs into the defense strategy and advocate for you at every stage, from administrative hearings to trial.]]> On Behalf of McHenry Haszard Law <![CDATA[Nebraska parenting plans: What must be included by law]]> https://www.mchenrylaw.com/?p=48849 2025-08-14T08:19:02Z 2025-08-14T08:19:02Z A clear designation of legal and physical custody State who holds legal custody, meaning the authority to make major decisions for your child, and who holds physical custody, meaning where your child will live most of the time. If you share either type of custody, explain how that arrangement works in practice so no one faces confusion later.

A detailed parenting time and holiday schedule

Create a predictable schedule that outlines regular parenting time, weekends, school breaks, holidays and vacation periods. Account for special occasions like birthdays or graduations as well, so both parents know exactly when and how you will spend those days.

Specific exchange locations and transportation arrangements

Spell out where you will exchange your child, which parent will handle transportation and how you will address unavoidable delays or last-minute changes. This clarity helps prevent small disagreements from growing into larger conflicts that disrupt your child’s routine.

Defined responsibilities for major decisions

Identify who will make decisions about your child’s education, healthcare, religious upbringing and extracurricular activities. If you share these responsibilities, explain how you will reach agreements, especially when you disagree.

Agreed methods for communication and dispute resolution

Include a process for sharing information about your child and resolving disagreements about the plan. Choose whether you will use direct conversation, email or a parenting app. Most importantly, outline how you will handle disputes, such as through mediation, before you involve the court.

Safety measures when there are abuse or violence concerns

When domestic violence, abuse or neglect creates risks, build safeguards into the plan that protect your child during exchanges and visits. Use supervised exchanges, neutral locations or limits on contact between parents during transitions when necessary.

Start your parenting plan with the right foundation

By understanding and meeting Nebraska’s legal requirements, you can create a parenting plan that protects your child’s stability and avoids unnecessary setbacks in court. If you face this process now, take time to get informed, gather the right details and put together a plan that meets the Parenting Act standards the first time you file.]]> On Behalf of McHenry Haszard Law <![CDATA[Planning for long-term care costs can protect older adults]]> https://www.mchenrylaw.com/?p=48845 2025-05-19T01:21:14Z 2025-05-19T01:21:14Z Medicare doesn't cover long-term care Retired adults sometimes take for granted that they can rely on Medicare coverage for various needs. Medicare does cover many types of basic medical support. However, intensive, long-term care services are typically not eligible for Medicare coverage. Instead, people either need to pay out of pocket, use long-term care insurance or qualify for Medicaid benefits. For many people, long-term care insurance is cost-prohibitive, especially when they are already at retirement age. Medicaid may be the best option available. Medicaid benefits are only available to those with limited resources and income. In fact, the state looks at five years of financial records to identify inappropriate gifts or transfers. People who do not plan at least 60 months before applying for Medicaid may be at risk of a penalty. The state may demand that they pay for their care costs out of pocket for a specific number of months because of the transfers that they previously made. Advance planning allows people to preserve their assets and speed up the Medicaid approval process. Older adults can then feel confident about their ability to obtain the support they need for their safety and stability when they are vulnerable later in life. Advanced planning for Medicaid can also help preserve the legacy of an older adult. Assets still owned by a Medicaid recipient at the time of their death are vulnerable to estate recovery efforts if they do not plan ahead of time. Acknowledging the need for Medicaid planning and other elder law issues can help people to better ensure their safety and financial stability during their golden years. Adults who plan well in advance can limit the chances of a Medicaid penalty or estate recovery efforts that may negatively affect their loved ones after they pass.]]> On Behalf of McHenry Haszard Law <![CDATA[What assets do spouses divide when they divorce?]]> https://www.mchenrylaw.com/?p=48815 2025-02-11T17:34:33Z 2025-02-11T17:34:33Z Many resources might be marital assets Sometimes, people have inaccurate ideas about property division during a divorce. They assume that any assets or accounts held in one spouse's name are separate property. They believe that they only need to divide resources held jointly by both spouses. However, the marital estate typically consists of any assets acquired during the marriage or with marital income. Regardless of who earned more or whose name is on a financial account, both spouses may have an interest in the marital estate when they divorce. The marital estate may include debts as well. Credit card balances, car loans and other financial obligations can play an important role in the property division process. Spouses can exclude certain resources and debts if they made prior plans to do so in a prenuptial or post-nuptial agreement. Resources acquired before the marriage are often the separate property of one spouse. People can also protect gifts and inherited assets as their separate property. If spouses can reach an agreement with one another, then they can set their own terms for asset distribution and responsibility for debts. In scenarios where they struggle to agree, they may need to litigate. Judges must try to divide marital resources and debts in an equitable manner. The focus is on achieving a fair outcome when looking at the totality of the marital estate and unique spousal circumstances. In scenarios where people have very specific property division goals, working to settle outside of court often gives spouses more control than trying to ask a judge to establish specific terms at their request. Learning more about equitable distribution rules can help people feel confident as they prepare for an upcoming divorce.]]> On Behalf of McHenry Haszard Law <![CDATA[What are the penalties for a DUI/DWI conviction?]]> https://www.mchenrylaw.com/?p=48797 2024-11-13T18:07:33Z 2024-11-13T18:07:33Z State law establishes specific consequences Judges can sometimes be a bit more lenient in their treatment of people who acknowledge that they made mistakes and seem earnest about wanting to learn from them. However, the sentence that they impose still needs to align with the laws on DWI offenses. Even a first-time DWI offense can lead to major penalties if a driver pleads guilty or gets convicted. Most first-time offenses are misdemeanors that can result in a six-month driver's license revocation, between seven days and six months in jail and up to $500 in fines. After a second DWI conviction, the penalties increase to between 30 days and six months in jail and an 18-month license revocation. Third DWI offenses can lead to felony charges if they occur within a 15-year period. The penalties for a felony DWI include up to $1,500 in fines, a 15-year license revocation and between 180 days and three years in jail. Between the mandatory jail time and the loss of driving privileges, a DWI conviction or guilty plea can become a major setback in an individual's life. There are defense strategies that can help people avoid a conviction and the various penalties the courts might impose. Reviewing what happened before and during an impaired driving traffic stop with a skilled legal team could help people formulate a reasonable DWI/DUI defense strategy. Those who respond assertively to their charges may be able to avoid a conviction and the various penalties the courts might impose.]]> On Behalf of McHenry Haszard Law <![CDATA[The Nebraska courts resolve many business contract disputes]]> https://www.mchenrylaw.com/?p=48621 2024-08-19T15:44:17Z 2024-08-19T15:44:17Z Judges have the authority to take action Civil court judges in Nebraska have several important forms of authority that they can utilize to resolve a contract dispute. In some cases, they might determine that the breach of the contract invalidates the original agreement. They may be able to release the plaintiff from any ongoing obligations to the party that violated the contract. Other times, a judge might be able to award the business negatively affected by the breach damages. They could also enforce penalty clauses that carry financial consequences for contract violations. Judges even have the authority to order specific performance. They can issue a court order requiring that one party perform certain work such as delivering goods or re-doing work that did not meet contractual standards. Any of these solutions or a combination of them might represent the best outcome in a breach of contract scenario.

Lawsuits often lead to negotiations

The most common way that a breach of contract lawsuit benefits the plaintiff is by forcing the party in breach to acknowledge the issue. An individual or business who previously refused to uphold their end of an agreement may suddenly change their tune when the threat of court looms large. The vast majority of civil filings related to business disputes result in the dismissal of the lawsuit due to a settlement. The other party may finally make good on their obligations or may propose a compromise that the plaintiff finds acceptable to avoid going to court. Understanding the possible solutions available in a contract dispute scenario can help business owners and executives decide if litigation is their best option. A breach of contract lawsuit can potentially lead to a favorable resolution to a matter that may have disrupted business operations and cost a company a significant amount of money.]]> On Behalf of McHenry Haszard Law <![CDATA[3 ways elder law planning can help to protect people as they age]]> https://www.mchenrylaw.com/?p=48620 2024-05-15T11:58:53Z 2024-05-15T11:58:53Z Long-term care costs Affording in-home nursing support or a room in a nursing home is difficult for those living on a fixed income. Both options could potentially cost thousands of dollars per month. Medicaid can help cover those costs, but people generally need to plan in advance to be eligible for Medicaid coverage. Elder law planning often involves looking at personal resources to increase the chances of rapid approval if someone needs to apply for Medicaid benefits later in life.

Incapacity support

Advanced age can affect people's physical abilities and cognitive function. Some people develop debilitating medical conditions, like Alzheimer's disease, later in life. Older adults struggling to live independently are often at risk of guardianship or conservatorship. Other people could go to court to seek control over their finances, health care and daily lives. Incapacity planning often involves creating durable powers of attorney so that someone can choose who provides them with support when they become incapable of managing their own affairs.

Medical support guidelines

People often create more than just a durable power of attorney to address their future medical needs. Advance medical directives give aging individuals a location where they can provide clear instructions about the type of medical support they would like to receive. Whether someone would prefer to receive heroic interventions or does not want their family to keep them on life support, making sure that there are clear, written guidelines about someone's medical preferences can ensure that families offer them the support they would prefer to receive. Elder law planning can be an important addition to basic estate planning. Older adults who address their need for practical support later in life can feel comfortable about aging with grace.]]> On Behalf of McHenry Haszard Law <![CDATA[When is mediation the right option for dispute resolution?]]> https://www.mchenrylaw.com/?p=48613 2024-02-12T20:57:17Z 2024-02-12T20:57:17Z many types of legal issues, particularly those involving family and business disputes.

Use of mediation to resolve family disputes

In the realm of family law, mediation can serve as a valuable tool for resolving conflicts while honoring emotional sensitivities. Examples include:
  • Custody and visitation: Mediators assist parents in crafting parenting plans that focus on the child’s best interests, away from the adversarial court setting.
  • Divorce settlements: Couples can negotiate the division of assets and debts as well as other pertinent issues, often achieving more tailored outcomes than those imposed by a court.
This process is helpful for parents who are looking to remain actively involved in their child’s upbringing as the parents are working together to craft the plan. It is also helpful for business owners going through divorce as the particulars of the business finances are more likely to remain private.

Mediation and business disputes

Business conflicts can have a significant impact on operations and relationships. Mediation can help by:
  • Resolving partnership disagreements: Mediators facilitate discussions around roles, responsibilities, and business direction, aiming for consensus.
  • Addressing contract disputes: Parties can negotiate solutions to breaches or misunderstandings without the public scrutiny of a court case.
Although mediation is often helpful in family law and business disputes, it can also provide a alternative to litigation for personal injury and other cases.]]>