Summer Boat Safety

With summer in full swing, I wanted to take a moment to remind you of the importance of boat safety and responsible boating practices, especially since boating accidents have surged 25.1% during the pandemic.

As you prepare to hit the water this season, keep these safety tips in mind:

  1. Wear life jackets – Always wear a U.S. Coast Guard-approved life jacket while on the water, even if you are a strong swimmer.
  2. Stay alert and sober – Alcohol was the leading known contributing factor in fatal boating accidents in 2022, accounting for over 88 deaths. It is crucial to avoid alcohol or any other substances that may impair your judgment while operating a boat.
  3. Follow navigation rules – Familiarize yourself with your local boating regulations. Maintain a safe speed, look for other vessels, and give right of way as required.
  4. Keep an eye on the weather – Always check the weather before taking your boat out. If you think it might be unsafe to go out, it’s always best to play it safe and find an alternative activity.

Your well-being is of utmost importance to me, and I am here to support you in case you require any legal assistance or advice. I hope you have a joyful and accident-free summer!

Tips For Starting a Small Business

Given there are 33.2 million small businesses in the United States, I find it’s a good idea to periodically reach out to people in my network and see if any have plans to open a small business — and that’s exactly what I’m doing today!

If you or someone you know is planning to start a small business, I want to note that our office is here if you need any legal assistance – and unfortunately, many do. I don’t say this to scare you, but the stats do speak for themselves

  • 36% to 53% of small businesses are sued every year.
  • 43% of all small businesses are threatened with a lawsuit every year.
  • Approximately 45% of small businesses are currently involved in litigation.
  • 90% of all businesses experience a lawsuit at some point in their lifespan.
  • Around 12 million contract lawsuits are filed every year against small businesses.

The good news is that a lot of these legal issues are avoidable. Business lawyers can help to clarify any loopholes in a contract, make sure clear guidelines are set between employees and owners, and even provide ways to back out of a contract (e.g., due to a change in business strategy). This kind of assistance is especially necessary in the first couple of years when owners will be interacting with many new faces.

With that said, if you or someone in your network is considering opening a business or is in the process of doing so, feel free to reach out.

Enjoy an evening of live music & theatre!

PREVIEWS JULY 27 OPENS JULY 28

pay what you can performances: Jul 27, Aug 2, Aug 3

The Summer of Love and Humanity Festival at the Boston Center For The Arts, Plaza Theatres, features an evening of live music from local bands, followed by the world premiere of Love In An Elevator, a play inspiredby Plato’s Symposium. A mash-up of the ancient Athenian banquet and modernity takes center stage in the Athens of America, rounding out what just may be the most diverse cast in a Boston theatre this summer. A rabbi (David Lee Vincent), professor (Norman Bendroth), chef (John Brownlie),anarchist (Johnny Mooers),musician (Floris Liu), nurse (Megan Paluzzi), patient (Carol Drewes), lawyer (Vidisha Agarwalla), construction worker (Damien Parker), and his fiancée (Elisabeth C. Goncalves), are all trapped inside a hospital elevator. To pass the time, they take turns musing on that most elusive of subjects—love. And of course, someone has to pee! Complete with cameo appearances by Pan and Syrinx. Experience love without the heartbreak and enjoy a different musical performance each evening from one of the fifteen bands that are as diverse as the stage play’s cast!   Directed by Elliot Norton Award Winner Tim Lawton!

Tickets on sale here: https://www.bostontheatrescene.com/shows-and-events/summer-of-love-humanity/

Tips to Stay Safe in Hot Temps

With today’s current hot temperatures across Massachusetts, I wanted to share some critical information about the current extreme heat wave affecting our area. With temperatures soaring, it’s essential to take steps to keep ourselves, our pets, and our loved ones safe and cool.

Here are some valuable tips and reminders to help you beat the heat:

  1. Stay hydrated – Drink plenty of water throughout the day, even if you don’t feel thirsty. Dehydration can happen quickly, and it’s especially important for children and the elderly to stay hydrated.
  2. Protect your pets – Ensure your furry friends can access fresh, cool water at all times. Try not to let them outside for too long, and avoid taking them for a walk during the hottest hours of the day. Also, never leave pets in parked vehicles, even for a short time, as temperatures can rise rapidly. In fact, 80% of the increase in a vehicle’s inside temperature happens in the first 10 minutes.
  3. Dress smart – Opt for lightweight, light-colored clothing that reflects the sun’s rays. Remember to wear sunscreen and a hat for added protection.
  4. Seek cool spaces – If you don’t have air conditioning at home, spend time in air-conditioned public places like shopping malls, libraries, or community centers. Alternatively, visit friends or family who have cooling facilities available.
  5. Take cool showers – Lower your body temperature by taking cool showers or baths. Use damp towels or mist sprays to keep cool throughout the day.
  6. Limit outdoor activities – Avoid strenuous activities during the hottest parts of the day. If you must be outside, take frequent breaks in shaded areas and stay hydrated.

Remember, heat-related illnesses can be dangerous. In recent years, heat-related ailments, including heat exhaustion and heat stroke, have been on the rise, underlining the need to take precautions during this hot weather.

Please share these tips with your loved ones, friends, and colleagues to help keep our community safe and cool as we navigate this intense weather.

¿Qué hacer después de un accidente?

Estar involucrado en un accidente, ya sea un choque de autos o una caída, puede ser una experiencia estresante y traumática. Sin embargo, es esencial tomar las medidas necesarias para proteger sus derechos legales y preservar la evidencia que puede ser importante para cualquier reclamo o demanda futura. Aquí hay algunos pasos que debe tomar en la escena de un accidente:

  1. Llame al 911: Si usted o alguien más resulta herido, llame al 911 de inmediato. Incluso si no cree que está herido, es importante tener un registro oficial del accidente.
  2. Intercambie información: Si el accidente involucra a otra persona, intercambie información de contacto con ellos, incluyendo su nombre, número de teléfono e información de seguro. También anote la marca y modelo de su vehículo y su número de placa.
  3. Tome fotos y videos: Tome fotos y videos de la escena del accidente, incluyendo el daño a cualquier vehículo o propiedad, cualquier lesión y el área circundante. Esta evidencia puede ser valiosa para establecer la responsabilidad y la culpa más adelante.
  4. Obtenga información de los testigos: Si hubo testigos del accidente, obtenga su información de contacto también. Los testigos pueden proporcionar un testimonio importante en apoyo de su reclamo.
  5. No admita la culpa: Tenga cuidado de no admitir la culpa o disculparse en la escena del accidente, ya que esto puede ser utilizado en su contra más adelante en los procedimientos legales.
  6. Contacte a su compañía de seguros: Notifique a su compañía de seguros del accidente lo antes posible. Sea honesto y proporcione toda la información necesaria sobre el accidente.
  7. Busque atención médica: Incluso si no se siente herido, es importante buscar atención médica después de un accidente. Algunas lesiones pueden no ser inmediatamente aparentes, y retrasar el tratamiento médico puede empeorar sus lesiones y dañar su reclamo.
  8. Consulte a un abogado: Considere consultar con un abogado experimentado en lesiones personales lo antes posible. Un abogado puede proporcionar orientación sobre el proceso legal y ayudar a proteger sus derechos legales.

En conclusión, tomar las medidas apropiadas en la escena de un accidente puede ayudar a proteger sus derechos legales y aumentar la probabilidad de un reclamo o demanda exitosa. Recuerde mantener la calma, ser cortés y priorizar su seguridad y la seguridad de los demás. Siguiendo estos pasos, puede tomar el control de la situación y prepararse para un mejor resultado.

The Role of the Trustee in Chapter 13 Bankruptcy

If you’ve read a little about chapter 13 bankruptcy, you may have heard about the trustee. But what is the trustee’s role in a chapter 13?

Bankruptcy can be a challenging and overwhelming process for individuals facing financial difficulties. However, Chapter 13 bankruptcy offers a structured and viable solution to reorganize debts and regain financial stability. At the heart of this process is the trustee.

Chapter 13 bankruptcy allows debtors to develop a repayment plan spanning three to five years, which enables filers to retain their assets while working towards repaying their debts in a structured manner.

Upon filing for Chapter 13 bankruptcy, a trustee is appointed to oversee the case. One of the primary responsibilities of the trustee is to review the debtor’s proposed repayment plan. This entails scrutinizing the plan’s feasibility, ensuring it adheres to legal guidelines, and determining whether it offers fair treatment to creditors. The trustee examines the debtor’s income, expenses, and debt obligations to assess the plan’s viability and whether it meets the “best interests of the creditors” test.

Once the plan is approved by the court, the trustee assumes the crucial responsibility of collecting payments from the debtor. Debtors make regular payments to the trustee, who then distributes the funds to creditors according to the terms of the approved plan. This system streamlines the payment process, ensuring that creditors receive their designated share of the debtor’s disposable income. The Trustee also has a duty to uphold the principles of fairness and transparency, to ensure the credibility of the bankruptcy process is maintained.

If you have any questions about how a chapter 13 bankruptcy works, or if you think you may benefit from a bankruptcy, reach out to our office today.

Estate Planning Tips

While an estate attorney should be your primary resource on this topic, I see these oversights financially impact my clients so often that I wanted to be sure I shared some guidance. As always, our office here to answer any questions you may have.

1. Beneficiary Designations and Updates

Make sure your beneficiaries are up to date on your financial accounts. These can include brokerage accounts, IRAs, life insurance policies, bank accounts, and more. Consult with your attorney about ways to transfer accounts to your beneficiaries (known as TOD – Transfer on Death) – this could enable funds to skip the probate process. Moreover, updating your beneficiaries will ensure that your assets are distributed to the right people later on. While your will may name certain people, be sure that your beneficiaries are updated on your investment accounts to avoid confusion down the road. Again, consult with your attorney for your estate plan, but please reach out to me if you would like to make a beneficiary designation or update with your account(s) on file with us.

2. Financial Power of Attorney

If you become incapacitated or unable to handle your affairs, having a durable financial power of attorney can help. It will ensure that the person of your choice has the authority to act on your behalf. Consult with your attorney to ensure your plan is in place.

3. Take Inventory of Your Assets

Regardless of how much you think you have, it is a valuable financial exercise to take an inventory. You can start by looking around your house–it may be surprising when you tally up the total of your finds! During the process, some things to consider are your primary residence, other properties, collectibles, art, coins, vehicles, boats, and any other valuable, tangible possessions.  

Next, consider the intangibles. These can include life insurance policies, retirement accounts (RA, 401(k)s, 403(b)s, SEP IRAs, pensions, etc.), checking accounts, savings accounts, stocks, bonds, mutual funds, health savings accounts, and more.  

Once you have all of these things accounted for, it’s time to put a value on them. You can do so for things like real estate or coin collections by ordering appraisals. At a minimum, do your research so that you can have an approximate value on each asset. By doing so, you can obtain peace of mind knowing that your assets will be distributed according to your wishes.

After you have a complete inventory of your assets, you should make sure that your documents are well-organized and stored securely. These documents include insurance policies, deeds to real estate, titles to vehicles, boats, wills, trusts, bank account information, retirement account information, safety deposit boxes, debt statements, funeral plans, and anything else relevant to your situation.

4. Consult with an Attorney

Estates come in all different sizes. Regardless of the size of your estate, consulting with an estate attorney is always suggested. At a minimum, consulting with a tax professional can provide value. Taking these steps can alleviate any doubts you may have about the probate process, taxation, or distribution of your assets. An estate attorney can help you create a plan or determine if your planning is adequate for your circumstances.

Living trusts, your will, revocable trusts, business succession arrangements, inherited properties of minors, and POAs are all additional things that you should discuss with your attorney. If your estate is on the smaller side, or if you are young, there are online tools that can help guide you through the process at little cost and provide you with peace of mind.

It is never too early or too late in life to make these prudent financial arrangements! If you need to verify or update the beneficiaries on the accounts you have with us, please feel free to reach out to us. We can schedule a time for you to speak with an attorney at our office right away.

Recoverable Damages

As a personal injury attorney, I understand how difficult it can be to navigate the legal system after an accident. One of the most important aspects of any personal injury case is determining the recoverable damages.

Recoverable damages are the losses that you can claim compensation for in a personal injury case. These damages can include medical expenses, lost wages, property damage, and pain and suffering. It is important to work with an experienced attorney who can help you determine the full extent of your damages and fight for the compensation you deserve.

If you or a loved one has been injured in an accident, please don’t hesitate to contact me our office. I am committed to helping my clients recover the maximum amount of damages possible and will work tirelessly to ensure that your rights are protected.

-Michelle Cote, Esq.