Questions & Answers

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 ATTORNEY ANSWER: Did the LLC Member use the withdrawn funds for legitimate LLC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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The best way to appoint a guardian for my children in the case of mine and my husbands death/incapacity?

Additional Information: I’ve been researching for hours now, but everything is so confusing. My husband and I just want to make sure that our children are taken care of, but we have problems with his side of the family. We would like to appoint guardians for our children, and they have already agreed that they would do it, but from what I’ve read my husbands parents could petition also and potentially get the children. Is there

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I suspect that there is a trust account for me in a bank/trust company but the trustee won’t speak to me.

Additional Information: Is it possible for me to get some info directly from the bank/trust company as beneficiary of trust ? What are my legal options? Thank you ATTORNEY ANSWER: Sorry to hear. If you are sure that you are a beneficiary of the trust, under Florida law, the trustee is required to provide you with information regarding the trust. I recommend you hire Florida counsel to contact the trustee on your behalf.

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Can an Irrevocable Trust get a mortgage?

Additional  Information: Hi, My folks just passed away and left me an Irrevocable trust. My brother is the Trustee. He wants the IRT to get a condo loan & have the condo titled in the IRT. The IRT would make all payments. My name would not be on loan or title.  Is this possible? My Credit Union said no. Thank-you for your help! ATTORNEY ANSWER: Sorry for your loss. To answer your question: Yes, but… Based

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Can I sue my landlord?

Additional  Information: My landlord knew there were bed bugs going around the motel and failed to notify us. I was being eaten alive by them. She told us it would be a 3 1/2 hour process and we would be fine. Then when I was at work I got a phone call saying i wasn’t allowed in my room for 2 days! And I had everything in my room. My lap top, my tooth brush, my

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I have a 25 percent share in a property in Mass which is not my primary residence nor a rental. It is on the market now.

Additional Information: What are the tax implications when it sells? Thanks in Haverhill, MA ATTORNEY ANSWER: Assuming you have owned the property for over one year, and given that you own a 25% interest in income property, you would have to pay capital gains tax on the difference between your net gain(after capital improvements, costs of sale i.e. broker’s commisssion)–the current applicable Massachusetts capital gains tax is five percent (5%).

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I suspect that while my mother was in her final days while on heavy medication a new will was drawn and signed under duress.

Additional Information: How can I obtain information from the probate officer about whats going on. I live in Florida and my mother died in California. I found out that these people that brought in a new will changed the assets from my mother prior to her death. What options do I have? ATTORNEY ANSWER: Sorry for your loss. Even though you are a resident of Florida, I assume your mother was a resident of California at

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