Agricultural Law is an area of the law, which deals with many issues from other practice areas that emerge in the agricultural industry. Arends, Lee & Emick assists clients with the vast array of issues that fall under this umbrella of Agricultural Law, including questions relating to business and commercial law, contracts, real estate, estate planning, corporate farming, and zoning and land use.
Business & Corporate Law
Arends, Lee & Emick advises business clients on numerous issues affecting their clients’ businesses, including the formation and maintenance of business entities, mergers, consolidations, liquidations, dissolutions and other similar business transactions, the sale and acquisition of stock and assets, and shareholder agreements and shareholder dispute resolution.
Arends, Lee & Emick counsels individuals charged with misdemeanor crimes ranging from simple misdemeanor traffic violations to operating while intoxicated offenses, including advising clients of their rights and guiding them through the criminal process.
Debtor/Creditor Law & Bankruptcy
Arends, Lee & Emick advises both debtors and creditors regarding collection issues, including representing debtors and creditors in litigation relating to collection efforts. In conjunction with our debtor/creditor practice, we advise clients regarding bankruptcy matters.
Arends, Lee & Emick counsels clients regarding long-term care planning and Medicaid issues. Often, clients have questions regarding long-term care insurance and Medicaid’s eligibility requirements, application and appeals process, and other regulations and restrictions which may impact an individual’s financial planning.
Monitoring and complying with the many federal and state employment laws and regulations is no easy task. Many employers may even consider it a nuisance given the other business demands placed upon them. Arends, Lee & Emick lightens that burden by counseling employers regarding compliance issues, including employment contracts, performance evaluations, job descriptions, employee handbooks and policies and procedures.
Arends, Lee & Emick also helps employers attempt to avoid and minimize the risk of encountering costly litigation by advising them on workplace investigations, layoffs, harassment and discrimination claims, wage and hour laws, workplace violence, employee discipline and other problems that may arise in today’s workplace.b. We have experience with issues relating to discrimination on the basis of age, race, disability, religion, and/or gender and in navigating such laws as Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act and the Fair Labor Standards Act.
To serve employers in this area, Arends, Lee & Emick can handle matters with the Equal Employment Opportunity Commission, the Iowa Civil Rights Commission, the Iowa Department of Human Rights, the United States Department of Labor and the Iowa Division of Labor.
Arends, Lee & Emick has experience in drafting and negotiating employment agreements and advising employers and employees regarding non-compete, non-solicitation, and anti-raiding matters.
Arends, Lee & Emick provides services in certain Family Law matters, including stepparent adoptions, prenuptial agreements, Child in Need of Assistance matters, and Guardian Ad Litem matters.
Social Security Disability
Arends, Lee & Emick helps clients through the administrative process of applying for and obtaining social security disability benefits, which can be exhaustive and stressful for many, especially if a claim is initially denied.
Arends, Lee & Emick provides an array of services related to tax issues. Not only do we prepare income tax returns for individuals, businesses, farmers and farm operations, but our attorneys are equally experienced in other tax matters such as estate and gift taxes and property taxes. We also appear before courts and administrative agencies on behalf of clients relating to tax issues.
Estate Administration & Probate
Dealing with the aftermath of the death or incapacitation of loved ones is difficult. Caring for others’ finances and physical well-being can be a struggle. Arends, Lee & Emick can help. We are adept at assisting clients in navigating the challenges they face and fulfilling the responsibilities they undertake in these tough circumstances.
Arends, Lee & Emick’s Estate Administration and Probate attorneys provide counsel on the following issues
Administering a trust can be simple, but it may also seem impossible. Regardless of the circumstance, however, Arends, Lee & Emick can offer direction on the procedures to take—whether it is the need to write checks, file tax returns, sell real estate or other assets and business interests, appraise personal property, or protect and distribute assets.
Estate Administration often involves the filing of tax returns. Arends, Lee & Emick has ample experience in assisting clients with this task. Not only do we help clients understand what tax returns are necessary and when they are due, but we regularly prepare tax returns on behalf of clients.
When probate proceedings are necessary (i.e., when a person dies without a will or with a will and assets), Arends, Lee & Emick is there to guide clients through that process. We assist clients with the probate paperwork and ensure that the proper procedure is followed for reviewing assets, paying debts, and distributing an estate.
When individuals cannot make their own decisions regarding their physical welfare, the need may arise to take legal action to ensure the safety of that individual. In these instances, Arends, Lee & Emick assists clients in initiating, understanding and fulfilling their responsibilities in guardianship matters.
In contrast to guardianship, when individuals cannot make their own decisions regarding their assets and financial interests, the need may arise to take legal action to protect and care for that individual’s assets and financial interests. Arends, Lee & Emick guides and assists clients through this process known as conservatorship.
Regardless of the size or complexity of the estate, Arends, Lee & Emick provides legal services to clients in need of estate planning. Analyzing every client’s goals and needs on an individual basis, we assist clients through the process of planning for the future. Although discussing and planning for death can be uncomfortable, it is an integral part of every individual’s need to manage his or her affairs, and Arends, Lee & Emick is there to facilitate that endeavor.
Arends, Lee & Emick’s Estate Planning attorneys provide services in the following areas:
Estate Plan Documents
We help with any of the documents essential to ensuring that your estate planning goals are met, including wills, trusts, transfer and payable on death documents, advance directives, powers of attorney, guardianships and conservatorships. Based on your circumstances and needs, Arends, Lee & Emick can help you utilize the appropriate documents to meet your goals.
Estate Plan Maintenance
Taking the initial step of preparing the essential estate planning documents does not typically succeed in meeting a client’s estate planning needs. Oftentimes, personal, financial and familial circumstances change such that a client’s estate plan must be modified to meet that client’s goals. No matter the situation, Arends, Lee & Emick can provide assistance in helping clients maintain their estate plan.
Minimizing federal and state gift, inheritance and estate taxes is a key part of every estate plan. The failure to estate plan can leave heirs with unexpected and unintended tax liabilities. Arends, Lee & Emick can help you select the right approach to avoid unwanted taxes on your estate. This includes the preparation and filing of necessary tax returns as well as dealing with federal and state taxing authorities.
Many estate plan clients worry about how to protect that which they worked so hard to build or obtain. Arends, Lee & Emick evaluates your personal and business assets and develops a strategy to shield assets from liability, mainly through the use of forming appropriate business entities such as partnerships, limited partnerships, limited liability partnerships, limited liability limited partnerships, corporations and limited liability companies.
Business and Succession Planning
Ensuring that your business endures in a desired manner is an important consideration for many clients. We can help with planning for the future of your business, whether it is passing it on to a family member or selling the business to an individual who will carry it forward.
Arends, Lee & Emick represents both business and individual clients in a number of different real estate matters and settings, including:
Residential, Commercial and Agricultural Leasing
Arends, Lee & Emick represents both commercial and residential landlords and tenants regarding lease issues, including the drafting and negotiation of leases and the resolution of lease disputes and evictions.
Contracts to Buy or Sell
Arends, Lee & Emick represents buyers and sellers of residential and commercial properties in the negotiation and drafting of agreements for the purchase, sale or exchange of property.
Arends, Lee & Emick prepares title opinions for both buyers and sellers in residential and commercial real estate transactions. We also assist with Iowa’s Title Guaranty program.
Arends, Lee & Emick drafts and negotiates constructions contracts, advises clients regarding mechanic’s liens and represents owners, contractors and subcontractors in disputes.
Arends, Lee & Emick assists lenders and borrowers with the preparation, review and analysis of loan documents and security instruments.
Land Use & Zoning
Arends, Lee & Emick advises clients on matters relating to land use and zoning issues.
Litigation and Dispute Resolution
Arends, Lee & Emick counsels clients on litigating and resolving disputes relating to real estate matters, including contracts, construction, boundary disputes and foreclosures.
Arends, Lee and Emick advises clients on strategies and methods to minimize tax burdens in real estate transactions.