Welcome back to the Friday 5 for October 25, 2024! Let's dive into five questions from this week, quick style:

  1. Can I create an operating agreement after 15 years of business?
    Yes. Even if you've operated without one, especially for an LLC, you can still draft an operating agreement. Without one, your business defaults to your state’s laws, but an agreement allows you to customize terms like ownership transfers or inheritance.

  2. Can I sue without a contract copy?
    Yes. The absence of a physical copy doesn't invalidate the contract. What matters is the evidence—if you can prove the contract existed and was agreed upon, you can still pursue legal action.

  3. Can I appeal an order entered against me?
    Yes. Most final orders are appealable, but interim orders may require judicial certification. Appeals must follow specific rules, and at some point, the decision becomes final, like at the Supreme Court level.

  4. Can someone else sign my will for me?
    In certain cases, yes. If a person is unable to sign due to health reasons, they can direct another person to sign the will for them, following state-specific laws.

  5. Does my 30-year-old will still work?
    Yes, unless it’s been revoked or replaced. Wills don’t expire with time. If it’s your last executed will, it remains valid.

Have a fantastic weekend and a spooky Halloween! 🎃

Andrew Ayers
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I work with business and estate planning clients to craft legal solutions to protect their legacies.