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Author: PMiller

Understanding: Member-Managed vs. Manager-Managed LLCs

Understanding: Member-Managed vs. Manager-Managed LLCs

Limited Liability Companies (LLCs) offer a flexible and appealing structure for entrepreneurs and small business owners. Among the important decisions when establishing an LLC is defining its management structure. This decision revolves around whether the LLC will be member-managed or manager-managed. As you will see a manager-managed LLC is the preferred management structure for almost all businesses. To grasp the disparities between member-managed and manager-managed LLCs, let’s delve into the distinctions, found in C.R.S. §7-80-405. Member-Managed LLC: When an LLC’s…

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Understanding Testamentary Trusts: A Guide for Parents

Understanding Testamentary Trusts: A Guide for Parents

Testamentary trusts also known as contingent trusts are powerful tools in estate planning. This type of trusts offers individuals the ability to maintain control over their assets after their passing. Often overlooked or misunderstood, testamentary trusts provide a means to distribute assets according to specific wishes, and protect beneficiaries. Most often this type of trust is used by families with minor children or young adults. What are Testamentary Trusts (a.k.a. Contingent Trusts) ? A testamentary trust (or contingent trust) is…

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Trademark Rights: Unregistered Senior vs. Registered Junior

Trademark Rights: Unregistered Senior vs. Registered Junior

In the arena of intellectual property, trademarks serve as important assets for businesses. They embody a company’s brand identity and set them apart in the market. Central to trademark law is the distinction between senior and junior trademark rights. These rights hold significant implications for businesses seeking to safeguard their brand assets and navigate potential conflicts. Unregistered Senior Trademark Rights Unregistered senior trademark rights are established through prior use in commerce. As opposed to formal registration with the United States…

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Maximizing Your Estate Plan: Understanding Beneficiary Designations

Maximizing Your Estate Plan: Understanding Beneficiary Designations

Planning for your estate involves more than just creating a will; it also entails making strategic decisions about how to protect and distribute your assets. One important aspect of estate planning is designating beneficiaries for your retirement, insurance, and other financial accounts. While it might seem like a straightforward task, overlooking or misunderstanding beneficiary designations can lead to unintended consequences and potential financial hardships for your loved ones. In this blog post, we’ll delve into the importance of beneficiary designations…

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A Contract to Will Might Not Be the Ideal Estate Planning Document

A Contract to Will Might Not Be the Ideal Estate Planning Document

Estate planning is an important step in securing the future of your assets, and your wishes upon your passing. Among the various tools available for estate planning, the “contract to will” approach is sometimes considered. Therefore, understanding its implications, including statutes such as C.R.S.§ 15-11-514, sheds light on why this method is not always the most desirable. Understanding the Approach A contract to will, often termed a “mutual will,” is an agreement between individuals. These individuals are commonly spouses, and…

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