Page 21 - BusinessWest August 18, 2025

Estates >>Continued from page 18
clear to him that he should have a prenuptial agree-
ment for this marriage to Lauren Sanchez.
Although there were somewhat disparaging com-
ments regarding her wedding gown, the location,
the cost of the wedding, and the numerous celebrity
guests, the reporters did not pay much attention to
the prenuptial agreement, the details of which are
not public. However, the prenuptial agreement pre-
sumably would provide that, if the marriage were to
be dissolved or he were to pass away first, his wife
would receive a portion of the assets based on how
many years he was married to her, or perhaps based
on the size of his estate.
While most of you who are reading this do not
have an estate the size of Bezos’s (although his estate
is reduced by $36 billion in Amazon stock he paid to
his first wife), it is important to consider what would
happen to your assets if you die leaving assets to your
children. Perhaps your children’s marriages are not
the most sound, and you wish to be sure that the chil-
dren or their children will receive assets. Therefore,
perhaps a trust should be established for them, or
maybe leave some assets to your children and some
assets to the grandchildren in order that the in-law
(sometimes referred to as the out-law) would not
receive this unintended inheritance.
Bottom Line
The lessons here are not only that documents
need to be prepared, but significant thought should
be given to the language in the documents, the indi-
viduals who are named or not named, and the dis-
tribution of those assets. Also to be considered are
long-term care issues and tax issues to maximize the
amount that will be passing to the next generation.
Of course, charities should also considered in
estate planning documents, not only to minimize
taxes, but also to carry on the legacy built during
one’s lifetime. BW
Hyman Darling works in the Springfield office of
Bacon Wilson. He is licensed to practice law in
Massachusetts and the U.S. District Court District
of Massachusetts. He is an active member of the
National Academy of Elder Law Attorneys and is
a certified elder law attorney. Additionally, he is
a member of the Special Needs Alliance and the
Hampden County Bar Assoc.
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Rentals >>Continued from page 19
these immediate steps:
• Notify the city’s Code Enforcement Department
to assess the building and clarify obligations.
• Consult legal counsel before using fire insurance
proceeds or negotiating with your mortgage lender.
• Secure and maintain the site to avoid blight
premises designation.
• Engage a licensed contractor to prepare a code-
compliant rehabilitation or demolition plan.
• If you’re a mortgage lender, be prepared for
involvement in housing court and restrictions on the
application of fire insurance funds to pay off the mort-
gage loan.
Regional Enforcement: Not Just
Springfield
The city of Springfield is not the only municipality
in Western Mass. aggressively enforcing fire-damaged
and blighted property regulations. Other cities, such
as Holyoke, Chicopee, and Worcester, are similarly
proactive. These municipalities frequently seek injunc-
tions against both owners and mortgage lenders like
those sought out by the city of Springfield.
A fire doesn’t just damage real estate — it can fun-
damentally alter your legal rights as a property owner
or lender. In Springfield and surrounding cities, local
governments have legal authority to control what hap-
pens next. Whether you’re trying to use fire insurance
proceeds to refinance, repair, demolish, or sell the
property, failing to understand the municipal frame-
work could land you with housing court violations,
penalties, or fines.
Legal counsel familiar with local ordinances and
housing court procedure is essential to avoid costly
missteps and navigate court-ordered restrictions. BW
Daryl M. Johnson is an attorney in the Real Estate
and Business and Finance practices at the law
firm Pullman & Comley. She is based in the firm’s
Springfield office.
Reduction >>Continued from page 20
reasons for selecting an employee for the RIF cannot
be tainted by bias based on age, race, gender, or other
protected characteristics, including use of Paid Family
and Medical Leave or sick leave protected by the Mas-
sachusetts Earned Sick Time law.
To that end, employers should develop an docu-
mented selection criteria plan for the decision mak-
ers prior to announcing the end result to employ-
ees. Establish selection factors with the company’s
legitimate business needs in mind, trying to keep the
selection process focused on objective, legal criteria
as much as possible (such as seniority, elimination of
unnecessary categories such as part-time and tempo-
rary, elimination or consolidation of unnecessary posi-
tions. etc.).
Taking this one step further, employers should con-
sider conducting a detailed analysis of the potential
for disparate impact discrimination in a workforce
reduction. Disparate impact discrimination occurs
when a policy, practice, or decision-making process of
an employer that appears to be neutral has a negative
impact on a protected group of employees.
For example, if a high percentage of those selected
for layoff are over age 40, and a significant amount of
Business W est << LAW >>
those retained are under 40, there is a risk that some-
one will file an age discrimination claim and argue
that the method used to evaluate employees had a dis-
parate impact on those over 40, and, therefore, led to
their separation.
Disparate impact testing helps organizations rec-
ognize and address biases that might exist within
their decision making process, even when there’s no
intent to discriminate. We suggest that any disparate
impact analysis
be conducted
by an attorney Reduction
Continued on page 35 >>
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