|
New Hampshire and Massachusetts Business, Estate Planning and Real Estate Lawyers
Most business will face legal issues at some point during their existence. Therefore, the need to obtain prompt and effective legal advice is absolutely critical. At Donais Law Offices, PLLC, we provide comprehensive legal counsel to small and medium sized businesses throughout New Hampshire and Massachusetts.
Our Business Law Services
Business Formation and Business Consulting
Starting a business is something many individuals work toward their whole lives. With so much at stake, a new business owner should seek the services of a lawyer who understands the intricacies of business law. Our law firm provides services that not only take into account all aspects of the initial formation, but the specifics of your daily operations as well. As skilled business attorneys, we can guide companies through marketplace obstacles. From start-up ventures to established businesses, we help clients with the following matters:
- Proper entity selection can protect assets and provide businesses with the necessary tools to grow. We advise clients on the selection of the most appropriate business entity, including: Sole proprietorships, Partnerships, S Corporations, C Corporations, Limited liability corporations (LLCs) or Limited liability partnerships (LLPs)
- The possibility of re-organization and / or restructuring to better meet changing goals.
- Assistance with commercial transactions, such as:
- Buy-sell agreements
- Acquisitions and mergers
- By-laws, employee contracts and other contract drafting
- Compliance with state, federal and local laws and regulations
Business Law / Corporate Law Disputes
We represents businesses, investment property owners and contractors in business dispute resolution and commercial litigation. We also assist businesses involved in employee liability claims and contract dispute claims. We are skilled negotiators and litigators who will aggressively work toward the successful resolution of a legal dispute.
Business Dispute Resolution
Any business — large or small — can run into significant legal disputes. No matter what is at issue —a contract issue, a partnership dispute, or allegations of fraud — competent legal representation can make all the difference.
At Donais Law Offices, PLLC, we represent businesses involved in all types of disputes. By offering a variety of dispute resolution options, our clients can look beyond the immediate problem and focus on running their business.
Types of Cases
At Donais Law Offices, PLLC, we represent clients in a variety of business disputes, including:
- Partnership disputes
- Breach of contract, contract performance, payment issues
- Other contract issues
- Employee liability claims
- Licensing disputes
- Insurance coverage issues
- Employee claims upon separation from employment
Business Dispute Resolution: Non-Litigation
Many business owners prefer to settle their disputes outside of court. Besides saving time and money, alternative dispute resolution (ADR) methods, such as mediation and arbitration, allow business owners to concentrate on their day-to-day operations.
- Mediation — As a New Hampshire Court Mediator who understands the benefits of the process, our law firm occasionally suggests mediation as a form of dispute resolution. Mediation involves working with a neutral third-party (mediator) to settle disputes.
- Arbitration — In arbitration, disputing parties have the opportunity to present their arguments before an arbitrator, who acts as a judge and decides the case, typically in a more expedited and efficient manner than litigation.
Business Dispute Resolution: Litigation
Sometimes, despite the best efforts of both sides, a business dispute simply cannot be resolved outside of court. In cases where litigation proves necessary, working with an experienced, aggressive lawyer can make all the difference.
Our firm represents business owners and corporations from the beginning of litigation up through appeals. As experienced negotiators and litigators, we will work aggressively toward a successful resolution of your pressing legal issue.
Residential and Commercial Real Estate
Whether you are a residential or commercial property owner, it is important to understand local, county, and state land use, planning, and zoning laws. We represent property owners and developers through all stages of the planning and zoning approval process. Before undertaking a a development project, contact us to schedule a consultation.
Attorneys at our firm previously represented the State of New Hampshire in construction related litigation for approximately five years. Our firm represents builders and property owners throughout New Hampshire, and will represent your interests when dealing with Planning Boards, Zoning Boards of Adjustment, the Board of Selectmen, NH Department of Environmental Services, the NH Department of Transportation and any other state and local environmental boards. Some of our other practice areas include:
- Variances and re-zoning issues
- Subdivisions and property developments
- Environmental regulations and permits
- Land use disputes and infractions
- Development plans and permits
- Representation of condominium associations
- Property access issues
- Eminent Domain
- Construction payment and performance issues, including Mechanics Liens for General Contractors, subcontractors and suppliers.
- Disputes over change orders, additions and extras within construction contracts.
As skilled land use and zoning lawyers, we can guide both property owners and developers through the sometimes complicated process related to land use, planning, and zoning. In fact, please note that the application laws provide little room for error, such that if you make a mistake in applying, you may have a difficult time appealing any denial.
Both New Hampshire's and Massachusetts' laws are strict regarding environmental protections as well. As a property owner, you must comply with these regulations, or face civil and/or criminal penalties. We advise developers on pertinent environmental regulations and compliance, especially those related to wetland issues. We regularly work with engineers in developing viable proposals acceptable to land use regulators.
If you are facing a zoning, land use, or planning infraction, it is important to deal with the matter as soon as possible. Collectively, in conjunction with engineers and other land use specialists, as appropriate, we assist in identifying and implementing the most efficient and effective method of achieving compliance, while minimizing any penalties or adverse effects on your project.
|
Our Real Estate Practice
As skilled real estate lawyers we provide insightful legal representation to homeowners, homebuyers, developers, businesses, contractors, and all other parties to a real estate transaction. We also draft legal documents related to real estate transactions, and represent people in any and all property disputes. Examples of our practice areas include the following:
- Real Estate Closings: We represent both buyers and sellers in real estate closings.
- Drafting of Real Estate Documents: We draft residential and commercial purchase and closing agreements, and review title insurance policies. We also draft and review zoning and land use documents and opinions.
- Boundary Line Issues: Our firm assists clients dealing with legal problems related to title description, easements, title insurance, liens, mortgages, and ownership.
- Real Estate Disputes: We represent property owners in disputes with neighbors regarding title, property boundaries, rights under easements, and adverse possession, among others.
- Landlord-Tenant Disputes: We represent commercial landlords in eviction proceedings against tenants for the non-payment of rent, breach of a lease, or other similar issues.
- Eminent Domain. As a former Assistant Attorney General who represented the State in eminent domain proceedings, we have particular expertise in representing parties in eminent domain matters before the NH Board of Tax and Land Appeals, and in various appeals to the NH Judicial Branch.
Real Estate Dispute Resolution
We assist clients with the following representative types of real estate disputes:
- Purchase and Sale contract disputes
- Title issues
- Zoning disputes
- Boundary line / property line disputes
- Construction defects, construction contract performance and payment disputes.
- Landlord-tenant issues
- Condominium Association issues
Since many legal questions may present themselves during a real estate closing, it is imperative to retain an attorney who can answer these questions promptly and effectively. Please speak to us before you sign any agreements.
Condominium and Homeowners' Association Law
A cooperative, condominium or homeowners' association (HOA) is comprised of a group of property owners who form an organization to manage the property covered by the association's charter. Generally, a monthly fee or assessment is collected from the members of the association to pay for a variety of services, including property maintenance, security and other costs, and periodic special assessments are collected for immediate, unbudgeted expenses..
By belonging to a cooperative, condominium or homeowners' association, members are expected to comply with the terms of the charter. This is where many of these organizations encounter problems. Our attorneys have significant experience handling the following issues:
- Association Rules enforcement
- Liens and attachments for nonpayment of regular and special assessments.
- Rent Claims against Tenants of delinquent unit owners
- Eviction notices
- Zoning disputes
- Foreclosures
- Association Bylaws
- Property maintenance issues
- Meetings involving boards and members
- Annual meetings
How We Can Help
Property maintenance and property value are very closely connected. Cooperative, condominium and homeowners' associations have the responsibility of collecting fees from their members to ensure that the property retains its value. However, when even one property owner fails to comply, it can be difficult or even impossible to do this.
We represent homeowners' associations, condo associations, co-ops and the boards of each of these entities. We can help you deal with any legal complications that may arise: financial concerns, board issues, eviction matters, unpaid association dues and more.
Estate Planning and Probate
Have you made your will?
Have you made arrangements for the care of your dependents in the event you pass?
Do you believe things are being handled unfairly in your family member's Estate?
Do you want your affairs to become a matter of public record?
Do you want to provide for your loved ones after you are gone?
Donais Law Offices, PLLC has assisted many individuals in planning for the distribution of a person's property (Estate Planning) including preparing wills and trusts. The best estate plans are developed to meet your wishes, while taking into account the recommendations from other professionals and consultants related to taxes, insurance, and property to gain the maximum benefit of all laws and, at the same time, carry out your wishes as permitted by law.
At Donais Law Offices, PLLC, we recognize that no two clients’ goals and needs are the same. We work closely with you and your financial advisors to determine the best plan and advice for your individual situation. We believe that Estate Planning encompasses more than a well-drafted Will. We use our experience and knowledge to create documents that work together as a complete plan.
Our Estate Planning attorneys take into account your assets, liabilities, income, age, familial situation, plans and goals for the future. An integral part of the plan is sound financial and medical planning during your lifetime. This may include a Durable Power of Attorney, Health Care Power of Attorney and a Living Will. We work closely with your tax, accounting and financial advisors to develop a plan that meets your objectives using the range of financial, insurance and legal tools available to you.
Protecting your assets during and after your lifetime is a key part of solid estate planning. This can often be accomplished through the use of trusts. We have experience with a variety of trust planning. We will also work closely with your insurance providers to create insurance trusts that can be used to pay estate taxes, provide for business succession and many other situations.
Business owners often face particular challenges when planning distribution of assets. Business succession planning is a critical component of our estate planning services. Our ability to understand your business and financial objectives means that you get the best advice when planning the continuity or sale of your business or assets.
Both business owners and professionals need to consider equity plans and retirement plans when contemplating an estate plan. At Donais Law Offices, PLLC, we work with your investment and financial advisors to coordinate your IRAs, ESOPs, Educational Savings Plans, 401(k) plans, 403(b) plans, stock options and other benefits as an important part of your estate plan.
Donais Law Offices, PLLC also provides probate estate administration services. We are sensitive to the needs of clients who have recently lost a loved one, and who may be overwhelmed by the duties of dealing with estate administration during an emotionally stressful time. It is equally important that the assets of an estate be identified and distributed in a manner that makes the most practical and financial sense - and is the best interpretation of the decedents wishes. We work with clients to help them through this difficult time.
Estate planning should be considered by nearly everone. Without a will, your financial affairs will be a matter of public record, and your property will be distributed according to state law, which may or may not correspond to your desires. Writing a will does not have to be complicated or expensive, and once done, you can know that your wishes will be followed after your death. One of our primary goals is to establish an estate plan that will carry out your exact wishes during your life and upon death, and as appropriate, preserve assets for the next generation. We help clients establish living or revocable trusts, powers of attorney, health care proxies, wills, and other legal instruments that give them peace of mind. We want to help you protect your assets so that they can be distributed to your family or favorite charitable organizations. Contact us to learn about how we can help you preserve assets for your family’s future.
Donais Law Offices, PLLC
15A High Street
Post Office Box 1778
Manchester, New Hampshire 03105-1778
t: (603) 624-7100
f: (603) 624-7104
info@DonaisLaw.com |