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Navigating Grief and Inheritance Without Costly Mistakes

Blog Post

Dealing with the death of a loved one can be difficult. It is, in many cases, the most difficult thing a person has ever dealt with. This can leave one feeling not only immeasurably sad, but also alone, lost, and vulnerable to poor judgment.

When there are significant assets to be divided following the death of a loved one, it is critically important, after taking the proper time to grieve, to consult with a trusted attorney. If possible, it might be prudent to establish an attorney-client relationship before the death comes to pass. This is important whether the decedent or expected decedent has a trust, a will, some combination of both, or if there is no will. 

Do not sign any agreements or financial paperwork given to you by other potential beneficiaries, even if you think you can trust them. If someone presents you with paperwork, no matter how close you believe you are to them, do not sign it unless you have consulted with a trusted attorney. Do not take legal advice from other potential beneficiaries or take their word for it if they try to convince you to enter into oral or other informal agreements. Do not initiate any kind of transfer of cash, assets, or other conveyances before speaking with an attorney. This applies not just to potential beneficiaries, but also to friends and other acquaintances who may be aware you are likely to have some assets coming your way.

The sad and ancient truth is this: “Say not you know another entirely till you have divided an inheritance with him.” We would like to be able to trust those who are close to us, our family and friends, but when money is involved, people tend to change. We have seen cases of family members tricking their loved ones into signing financial documents that were not in their favor. While it is not fun to think about, it is a problem that can be avoided with proper planning and emotional resolve. 

The trick is not to take matters into your own hands. Do not allow yourself to be taken advantage of, especially during a time of emotional difficulty. Plan accordingly so that you and the ones who depend on you are properly taken care of. Do not assume that because you would handle the matter in an honest way, others would do the same. Always consult an attorney before signing or agreeing to anything. 

If you are facing the loss of a loved one and have questions about an inheritance, trust, or estate matters, contact BMD Attorney Daniel Batista at djbatista@bmdpl.com.


BMD’s Jason Butterworth Quietly Engineers Some of Akron’s Most Impactful Projects

Jason Butterworth, a team member of BMD’s Business & Corporate practice, focuses his practice on finance, real estate, and tax credit law.

Explosive Growth in Pot of Gold Opportunity for Bank (and Other) Cannabis Lenders Driving Erosion of the Barriers

Our original article on bank lending to the cannabis industry anticipated that the convergence of interest between banks and the cannabis industry would draw more and larger banks to the industry. Banks were awash in liquidity with limited deployment options, while bankable cannabis businesses had rapidly growing needs for more and lower cost credit. Since then, the pot of gold opportunity for banks to lend into the cannabis industry has grown exponentially due to a combination of market constraints on equity causing a dramatic shift to debt and the ever-increasing capital needs of one of the country’s fastest growing industries. At the same time, hurdles to entry of new banks are being systematically cleared as the yellow brick road to the cannabis industry’s access to the financial markets is being paved, brick by brick, by the progressively increasing number and size of banks that are now entering the market.

Celebration of Asian American and Pacific Islander Heritage Month

In recognition of Asian American and Pacific Islander Heritage Month (AAPI Heritage Month), Brennan Manna and Diamond is proud to recognize the contributions and achievements of our AAPI members.

Fluresh Cannabis’ Bank Loan: Moving Into the Mainstream

The announcement by Fluresh, a vertically integrated Michigan based cannabis business, of the closing of loans from a federally insured commercial bank totaling almost $50 million represents an important landmark for both Fluresh and the cannabis industry writ large. For Fluresh, perhaps as important as the bottom-line benefits of lower cost financing, the fact that its operations and financials passed muster with a substantial commercial bank can be regarded as an important rite of passage. For the industry, it reflects its inexorable movement out of the shadows and into the mainstream. This substantiates the view that, whether or not any of pending the federal legislation is enacted, bank lending to the cannabis industry will continue to accelerate.

Out of the Shadows | An Investor Summit Recap

After a COVID hiatus of more than 2 years, I rejoined the institutional cannabis investment speaker circuit, offering the closing remarks at the Kahner Global Cannabis Private Investment Summit in Coral Gables, Florida. My remarks addressed how banking developments are increasingly impacting cannabis investment, operating and financial strategies and decisions, for both plant touching and the growing array of ancillary businesses serving the industry.