Questions & Answers

How do we do a house transfer, not purchasing it just transfer?

Additional Information: My father in law wants to transfer the house to my husband now due to health issues. My questions is do my husband and I have to get rid of our credit card debt before the transfer can take place. We aren’t purchasing the house it’s just being transferred now. ATTORNEY ANSWER: Your father-in-law should consult with an elder law attorney before making the contemplated property transfer. Also: You should make sure you can

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Is a deed under seal which was signed under duress enforceable?

Additional Information: X hired Y to renovate his shop for a certain amount.  There is a contract between X and Y which specify which items will be renovated and how much will be paid. However halfway during the renovations, Y refused to finish the job unless X pays him an additional amount. At first X did not want to do so, however, he later agreed as he had no other choice. X and Y later signed

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Question about filing an LLC

Additional  Information: If I start an LLC, and the only employee currently is me, should I file it in MA or a different state? ATTORNEY ANSWER: You would not be an employee of your LLC. Instead, you would be a member of your LLC. You would report your LLC’s activity on Schedule C with IRS Form 1040 (assuming you will be the sole owner of the entity). All of your gross profit would be subject to

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How does the executor bill the decedent’s estate for the executor’s services?

Additional Information: Can the executor of an estate bill on a flat fee hourly basis or does the executor charge for their services according to a percentage of the value of the estate? ATTORNEY ANSWER: In Massachusetts (unlike in Florida for example), an executor cannot charge for his/her services according to a percentage of the value of the estate. Instead, an executor should charge a reasonable hourly fee for his/her services performed as such. The executor’s

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Florida attorney has custody of Florida Will. Testator moved to North Carolina four years ago. Where to file will?

Additional  Information: Florida attorney prepared will and trust for Florida resident. Client subsequently moved to North Carolina. Is there a statute permitting Florida attorney to file will with North Carolina court. Second marriage surviving spouse is not personal representative. ATTORNEY ANSWER: If the decedent moved from Florida to North Carolina and died a North Carolina resident, then the decedent’s Florida will (assuming the decedent did not execute a subsequent North Carolina will) should be filed with

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Do I need to register as a business in order to do freelance marketing work and accept credit cards?

Additional Information: Do I need to register as a business in order to do freelance marketing work and accept credit cards? ATTORNEY ANSWER: You should not be required to register as a business in order to do freelance marketing work and accept credit cards. However, for asset protection purposes, it may make sense for you to establish either an S corporation or LLC for your business.

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LLC Question

Additional Information: If I am the owner of an LLC business along with 2 other people, and discover that one of the other owners was taking money out of the business checking account with his business ATM card, can I do anything legally to him? he is an authorized signer on the checking account and we did not require 2 signatures for withdraws. ATTORNEY ANSWER: Did the LLC Member use the withdrawn funds for legitimate LLC

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what is a reasonable fee to just update a will, power of attorney, and living will?

Additional Information: what is a reasonable fee to just update a will, power of attorney, and living will when you are just changing the name of the executor of each? ATTORNEY ANSWER: I like to think our legal fees are reasonable, so I will answer your question based on what my firm typically charges for such documents. An update to a will is typically done through a codicil. We typically charge approximately $125 for a codicil.

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If I was to have a regular or a living will assigning custody of my kids to my parents, would that hold up in court?

Additional Information: I am a single, unmarried mother of 2 children who’ve always resided with me. Their father doesn’t have a relationship with them (2 & 3 years old) and he lives out of state. He’s 34 and can’t support himself (lives w/parents rent free and is still struggling), much less to provide for our children and his two older kids. God forbid something was to happen to me, I would want my parents to have

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Do two heirs have to pay 100% of the value of a condominium to the estate when we were each left 25% of all assets in the will

Additional Information: My sister is the executrix of my father’s estate. He was a non resident of Sarasota Florida. Four sisters are equal heirs of the estate. The executrix listed the only Florida asset, a condominium, with a realtor. My other sister and I want to purchase the real estate for $57,000. The executrix is requiring that we pay the estate 100% of the sales proceeds, $57,000. The estate has $35,000 cash and another house in

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