Although it is possible to get through a divorce without legal help, it is not recommended, especially when children and property are involved. A good lawyer can help you sort through the process and determine what it is that you want to take away from the marriage. When deciding on division of property, a lawyer is able to help fairly divide any assets that may be involved.

Most importantly, when children are involved, an attorney is going to help create a custody agreement that works best for their client and for the children involved. In addition to creating a custody agreement, the attorney will do anything possible to find a decision between each party and their legal representation and keep the custody battle from the court room. This would eliminate the added expense that a trial would cost.

Please contact us at McHenry Haszard Law if you need advice on obtaining a divorce attorney or on any other legal issues.

This type of document is normally considered for the elderly, however, it is also highly recommended for individuals of all ages.  Unfortunately, we never know when we might be faced with a situation in which a Living Will is necessary in order to leave behind directives on how emergency situations should be handled especially when life support is involved.

Mediation is a form of Alternative Dispute Resolution (ADR), where one of our attorneys would assist two or more parties in negotiating their own settlement. This is most commonly used in divorces and business. Mediation is usually quicker and less expensive than litigation and allows the parties input into the solution.

For more information on mediation or to see if mediation is right for you and your situation, contact the attorneys at McHenry, Haszard, Roth, Hupp, Burkholder & Blomenberg, PC, LLO.

Sheri Burkholder graduated from UNL College of Law with Distinction in May 2000. She joined the firm in 2001 and was elected a shareholder in 2004. Burkholder’s practice is concentrated in the areas of adoptions, farm and business related divorce litigation, the formation of business and non-profit entities and general civil litigation.

Chris Blomenberg is also an alumnus of UNL Law College, graduating with Distinction in May 2004. He joined the firm on admission to the bar in 2004 and became a shareholder in 2007. Blomenberg’s areas of practice focus on elder law, estate planning and probate, guardian and conservatorships and Social Security disability.

The attorneys at McHenry Haszard share the vision of providing quality legal services through the highest degree of ethical conduct. The firm represents individuals and institutions in the areas of corporate and business law, family law, estate planning and administration, criminal law, education law, social security disability and personal injury.

1. Limit Personal Liability

The name says it all:  Limited Liability Company.  You can protect your personal assets such as your home, vehicles, and other personal property from liabilities related to operating your business. 

2. Avoid Double Taxation

With an LLC, you may elect to receive the benefit of pass-through taxation, which means that the owners report the profits and losses on their individual income tax returns.  The LLC itself would not be taxed, which protects you from double taxation.

3. Lessen Paperwork

An LLC will have fewer formalities than S Corporations and C Corporations in paperwork and record keeping.

4. Fewer Restrictions

An LLC is able to implement an organizational structure that fits its business as there are fewer organizational restrictions.  

How do I form an LLC? 

1. Contact McHenry Haszard Law for assistance in the following steps.

Any time you are dealing with legal aspects of business, you should request help from your attorney.  Your attorney will assist you in with the  necessary steps in the correct order. 

2. Choose a Business Name

Your business name must be available and comply with state law.

3. File Formal Paperwork

In Nebraska, you must file Articles of Organization with the Nebraska Secretary of State.

4. Create and Operating Agreement

The Operating Agreement sets forth the rules that govern the operation of your LLC.

5. Set Up Your FEIN

An FEIN is a Federal Employment Identification Number, which is the tax identification number for your LLC.  You will use this number for transacting business such as opening a bank account.

1. An estate plan creates a plan of care for your children.

2. It preserves your assets for chosen beneficiaries.

3. It will prevent disagreements among your beneficiaries.

4. You may be able to minimize tax consequences and maximize the transfer of wealth from one generation to the next.

5. You ensure that a trusted person will administer your estate.

In order to provide additional oversight to protect against the abuse of protected adults, the legislature and the Courts have made changes in how guardians and conservators make their reports  to the court.  For accountings due on or after January 2, 2012,  45 days in advance of the due date the Courts will provide to the Guardians and Conservators an informational packet.

The packet  will include a page on the changes to your responsibilities as guardian and/or conservator as well as forms required for your annual report such as the annual report on condition of ward, an updated inventory, the annual accounting, certificates of proof of possession, a personal and financial information form, a notice of right to object, a notice to interested parties, an affidavit of mailing the annual report, the application for approval of your accounting and/or fees and an affidavit of mailing the application for approval of accounting.

NOTE, for annual reports due in years to come, you will only receive notice of  the reports due and therefore you will need to keep copies of the forms or access them from the Supreme Court website http://www.supremecourt.ne.gov/forms/county/guardian-conservators.shtml  You are required to use the court forms for your  annual accounting/reports.  Use of any other reports or deviations from the form of the required documents will be rejected and you will be sent a corrective action notice and be required to file again at your expense.

Changes in your responsibilities as guardian and/or conservator are as follows:

 Funds from the protected person’s accounts should not be comingled with other funds.

You must keep all funds belonging to the protected person in an account separate from anyone else’s funds.

The account should be titled: Name of ward, Conservatorship; Your Name, Conservator.

You should not make cash withdrawals from an ATM or take cash back on debit transactions out of the protected person’s account without a prior court order.

You must file a copy of your letters with the Register of Deeds in any county where the ward owns real property or has any other interest in real property.

For more information on the new procedures regarding guardians and conservators, please click here. Please click here for the forms covered discussed in this blog.

National Directory of Social Security Lawyers

McHenry Haszard Law is pleased to be a supporter of Daughters of the Nile, who’s mission is to raise money for the families of children who have been hospitalized.

Click Here to see the article in the Daughters of the Nile newsletter (page 5 & 6).

                The judge determined that the evidence presented by City Bank was persuasive that the amount was owed and awarded judgment to the bank without submitting the case to a jury.  The amount awarded by the judge was the full amount sought by the bank.

Click Here to see a full article by the Lincoln Journal Star on this case.