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Freya A Shoffner's Answers
- 97 Legal Answers
- 1 Legal Guide
2
Attorney answers:
How do I handle creditors at the death of a sibling who has no estate.
Please accept my sympathies on your sister's death. As Attorney Arujo stated, creditors will prey on anyone that they can. However, you have no obligation to pay any debt owed by your sister, nor does anyone else in the family. If the creditors call, be sure to obtain the name of the creditor and their mailing address. Then inform the caller that your sister is deceased and that they are not to call that number any more. For all creditors send them a letter that has your sister's name and...
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Attorney answers:
Is the current company structure fair or should we restructure......if so, what is the best way?
All business relationships suffer through difficult times especially when the economy is in a slump. Based on what you wrote, it seems that you and your partner have very different ideas about how the company should be run. However, that does not necessarily mean that a partnership is no longer the best business entity for your operation. You and your partner should each take some time and write up a brief summary of how you see the business now, where you want the business to be in a five...
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Attorney answers:
Is my husband exempt from paying my debt if I file bankruptcy as we have always paid separate taxes and house is in his name?
Bankruptcy was designed to give the debtor a fresh start, and often it is a great relief. If bankruptcy is the right solution, your spouse will generally not be liable for your debts. Keep in mind that bankruptcy will not relieve you of all of your debts, particularly taxes and -- in most cases -- student loan debt. Your next step should be to call an experienced bankruptcy attorney in your area. That way, you'll obtain the right advice for your particular situation and you can start...
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3
Attorney answers:
I have a small life ins policy to cover my cremation. Who do I name as beneficiary?
I agree with Attorney Brewer. The beneficiary of the policy has no obligation to use the proceeds to pay for your cremation. If you name your estate as the beneficiary and direct the executor to use the proceeds to pay for your cremation, the executor may have to wait quite a long time before the probate court allows the funds to be used. A better way to handle the situation, as Attorney Brewer suggested, is to set up a Trust and to name the Trust as the beneficiary of the policy. You...
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Attorney answers:
What can I do when a Power of Attorney for Personal Care is not being handled correctly?
I agree with Attorney Brinkmeier. As your mother's attorney-in-fact, your sister has no obligation to inform anyone about your mother's care, her health, or her residence. She is completely in charge. I wish you the best in resolving what is obviously a very upsetting situation. This answer is not intended to provide specific legal advice. No attorney client relationship between you and Shoffner & Associates or any of its attorneys is established, intended ,or implied. This answer should...
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3
Attorney answers:
I want to start a internet based multi-media audio and video company. Should it be an LLC? And can I register out of Delaware?
Congratulations on deciding to start your own business. It can certainly be the best way to do what you love and love what you're doing. Choosing an entity is important for a number of reasons. First, it will help you define the relationship between yourself and your investors. Second, the taxes you pay will be affected by the entity you choose. Third, if you are planning to go public or to sell the business the entity you choose may make a difference. Nevertheless, it is important to...
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Attorney answers:
I want my home to go to my children after my death. Can I quit claim it to my children and myself?
I agree with Attorney Cheong, and emphasis his recommendation that you speak with a competent estate planning attorney. I'm also wondering about your husband's request that you give him a share of the house. Are you separated or contemplating a divorce? If so, regardless of the fact that you inherited the house, it will be considered in a valuation of marital property should you divorce. Even if you are not contemplating divorce, you should also consider your long-term care needs. Today'...
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4
Attorney answers:
How much equity am I entitled to for taking a Marketing Director or Vice President’s role within a start-up company?
While you are not entitled to any equity in the company as a matter of law, and the amount of stock that you receive is a matter to be negotiated between you and your associate, there are other matters to consider. In addition to a written agreement regarding how you will accrue stock to compensate for your efforts, you and your associate should write a carefully constructed agreement that lays out your obligations to each other on a day-to-day business. The most prudent course of action for...
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1
Attorney answers:
Hello: Is it standard for an actor to sign an agreement with a talent agent that has a one-sided indemnity clause? Thx
There are a number of steps that will help you find a reputable talent agent. If you are attempting to break in to action, look for an agent who is SAG approved by contacting your local SAG branch. Be sure to review the contract thoroughly and do no agree to pay any more than 10% of the income generated. Watch out for one-way provisions. The best way to be safe is to review the contract with an attorney who has considerable experience in entertainment law and to be sure that you understand...
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3
Attorney answers:
Can customers pick up purchases @ our apartment if the sales are made online without needing for the residence to be commercial?
I agree with Attorney Koslin. You would have to clear it with your landlord (or the condominium association if own you apartment,) you would also have to be sure that you are not violating any zoning or other municipal ordinances, and you would have to make sure that you are properly insured. The biggest concern is safety. It makes no sense whatsoever to invite strangers to you home. Notwithstanding the risk that customers might be injured (one can insure for that,) the risk is that you...
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