April 2020 Legal Update

LEGAL UPDATE

Force Majeure, COVID-19, and Real Estate Contracts

By: Christopher J. Charles, Esq

Today, due to the COVID-19 pandemic, any force majeure clause in pending transactions is likely triggered. For example, the federal government and most local governments have declared the COVID-19 situation a “pandemic.” Further, many states and cities have issued “stay-at-home” orders and issued edicts closing many businesses.

If the contract does not include a force majeure clause and is silent on the issue of what happens if an extreme event prevents one or both parties from performing under the contract, the contract will be governed by the common law doctrines of frustration of purpose or impracticability.

Should your Religious Organization or Church Accept Government Aid During the COVID-19 Pandemic?

By: Erik W. Stanley, Esq.

Some churches question whether applying for relief will endanger their religious liberty. At this time, there are no “strings attached” to the COVID-19 aid that would endanger religious liberty. The Paycheck Protection Program is focused on keeping workers employed and there are no conditions that would endanger a religious organization’s hiring practices. The current administration also has remained committed to ensuring that religious organizations enjoy religious liberty protections.

Now is the Time to Prepare Your Estate Plan

By: Bryan L. Eastin, Esq.

For many of us, estate planning is not at the forefront of our thoughts because we are so busy working, spending time with our families and other loved ones, attending class, doing homework, maintaining our homes, and the other “stuff” of life. On top of that, estate planning forces us to deal with our own mortality and most of us would rather have a root canal rather than thinking about those things.

However, as recent events have demonstrated, estate planning is a critical component of our overall planning. And, more than ever, now is the time to prioritize your estate plan.

PROVIDENT LAW®

PRACTICE AREAS

COMMERCIAL LITIGATION

ESTATE AND TRUST PLANNING

BANKRUPTCY | CREDITOR’S RIGHTS

COLLECTIONS

GUARDIANSHIP | CONSERVATOR

ADRE AND ADMINISTRATIVE LAW

CHURCH AND NONPROFIT

PROBATE & TRUST

CHURCH MINISTRY PRACTICES

RELIGIOUS LIBERTIE S

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