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Freya A Shoffner

Freya Shoffner’s Answers

99 total


  • So i married a man from another country later found out he was cheating and only married me so he could get citizenship.

    what should I do?

    Freya’s Answer

    I agree with Attorney Teetsell. You may well have grounds for an annulment. If not, you can proceed with a divorce. You should make an appointment immediately for an initial consultation with an attorney in your area who is qualified in matrimonial/family law.

    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 not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation. Any advice contained in this communication is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding Federal tax penalties that may be imposed on the taxpayer.

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  • In the 501(c)(3) form 1023, can students (under 18) be listed as directors/officers?

    My daughter wants to open a legal student-run 501(c)(3) nonprofit organization, but I'm not sure whether I can put her on the legal documents. In Form 1023, Part V, there is a section to input all directors/officers. Can I list her and her other p...

    Freya’s Answer

    Do not designate minors as officers or members of the board of directors. Minors do not have the ability to make contracts, and therefore are deemed to be "incompetent" in the eyes of the law. Officers and members of the board of directors must be of full age and capacity, therefore they cannot be minors.

    Valid 501(c)(3) corporations are subject to a number of types of federal scrutiny and you must be careful to adhere strictly to the laws. If you truly want your daughter's endeavor to be successful, you should consult with a licensed attorney in your area who has a substantial practice in non-profit law. Many will offer an initial consultation at no charge, and any other fees that are charged will be well worth the price.

    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 not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation. Any advice contained in this communication is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding Federal tax penalties that may be imposed on the taxpayer.

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  • How can i find a Pro Bono Lawyers for a divorce and child costody case?

    I was 19 when i was told to marry my 17year old girl pregnant girlfriend.1 year after i left my wife after finding out she cheated on me so I moved on.Since then she has gotten pregnant with another man child and travels from city to city between ...

    Freya’s Answer

    Attorney Cooper's suggestion of Senior Partners for Justice is a good one. When you go to their website (link below) there is a purple box in the upper right hand corner of the screen that clients who need lawyers should click. Many of the volunteer lawyers at Senior Partners for Justice have outstanding reputations.

    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 not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation. Any advice contained in this communication is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding Federal tax penalties that may be imposed on the taxpayer.

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  • Life Insurance Benefits and my unemployment.

    I have received a fairly large insurance benefits from the death of a family member. I am un-employed and there are no jobs in my forseeable future (as I am older and no one seems to want to hire me). I want to do the right thing, but I am worrie...

    Freya’s Answer

    In many states receipt of a death benefit as the result of the death of a family member does not affect your eligibility for unemployment benefits. Virginia is very specific in listing the types of income, such as pension, social security, etc. that will affect unemployment. To be very sure of your status you should make contact with the Virginia Employment Commission and speak to a representative about your situation. You'll find a link to the Commission's publication about benefits and a link to the Commission itself below.

    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 not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation. Any advice contained in this communication is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding Federal tax penalties that may be imposed on the taxpayer.

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  • If a person is named executor and the only heir to an estate, but does not file the will sells decedents assets is he liable.

    This person is my mothers husband.He has sold my mothers clothing and jewelery and charged on my mothers credit cards. He has employed other people to help sell assets and intends to line his pockets and no satisfy my moms debt. since he has not f...

    Freya’s Answer

    I agree with Attorneys Reed and Golden, if your mother's husband acted wrongfully you have the right to recover the full amount of damages that the estate suffered, subject to the claims of creditors.

    Based on the facts that you've outlined, you may be facing a rather complicated Equity claim; one that should be handled very carefully. I strongly recommend that you seek the assistance of an attorney who is licensed in Massachusetts who has a strong background in probate litigation. Many attorneys offer an initial consultation at little or no cost, and it will be well worth it for you to seek that assistance promptly.

    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 not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation. Any advice contained in this communication is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding Federal tax penalties that may be imposed on the taxpayer.

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  • What can I do when a Power of Attorney for Personal Care is not being handled correctly?

    My sister has a Power of Attorney for Personal Care for my mother. My sister will not answer any questions about my mother’s health nor will she inform me of any changes to my mother’s health or residence. She has decided that she will only consul...

    Freya’s Answer

    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 not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation. Any advice contained in this communication is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding Federal tax penalties that may be imposed on the taxpayer.

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  • Legal steps to take

    i want to collaborate my company with a non-profit organization to start a program that will benefit the community. i want to have complete controll over running the program. what legaly can i put in writing and what legaly can i do to secure my ...

    Freya’s Answer

    I agree with Attorney Wilke. There are many ways to approach the project, but you must be sure to protect your company and that the project complies with all of the laws that regulate non-profits. The smartest thing that you can do is to spend some time with an attorney who is licensed in your jurisdiction who is experienced in working with non-profit companies. That way you can be sure that your interests will be protected in working with the other party and in dealing with the taxing authorities.

    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 not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation. Any advice contained in this communication is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding Federal tax penalties that may be imposed on the taxpayer.

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  • When considering living trusts is there is a tax advantage when placing financial assets like bank accounts in a trust?

    What about just leaving the accounts as beneficiaries for this purpose not considering other reasons.

    Freya’s Answer

    Attorneys Albertson and Chew have provided good advice regarding living trusts. If, however, your estate contains enough net assets to be subject to the Federal Estate Tax (currently $5 million) your attorney could recommend the use of some form of irrevocable trust so that you can reduce the size of your taxable estate.

    The other consideration for California residents is the cost of probate and the length of time that it takes for probate assets to be distributed. In California the probate process often takes between 12 and 18 months, which can be a long time to wait for a distribution. More importantly, the attorneys fees and executors fees are based on an escalating percentage of the value of the gross estate.

    To ensure that your estate is administered efficiently with the minimum expenditures for taxes and probate costs you should consult with a qualified estate planning attorney who is licensed in your jurisdiction. A well drafted estate plan can ensure that your loved ones inherit everything that you want them to have.

    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 not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation. Any advice contained in this communication is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding Federal tax penalties that may be imposed on the taxpayer.

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  • Hairstylist Leaving with clientele?

    I am a stylist planning to leave my salon and take my clientele with me. I never signed anything stating I cannot take their information. I plan to call them and send a post card. Could I be sued for this? My current employer is dropping my access...

    Freya’s Answer

    I agree with Attorney Alley. If there is no written document restricting you from soliciting or contacting your clients then you are free to do so. However, keep in mind that the fact that you might win a lawsuit over that issue but your employer still might sue you.

    The best thing you can do for yourself and your clients is to consult with a licensed attorney in your area who is experienced in business and non-competition issues. Many attorneys will provide an initial consultation at no cost, and any fee that might be charge could be well worth the investment.

    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 not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation. Any advice contained in this communication is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding Federal tax penalties that may be imposed on the taxpayer.

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  • Continuing Guaranty

    As an Officer of a Corporation (CEO)a signed a Continuing Guaranty guaranteeing the debts of the corporation with an asset based lender.. The corporation defaulted .. The asset based lender is now suing me personally, but claims I cannot sue them...

    Freya’s Answer

    Assuming the following facts; you signed a personal collection guarantee for corporate debt. You are an officer of the corporation. The corporation defaulted on the debt. The creditor sued you to collect the debt. You want to bring a counterclaim against the creditor on behalf of the corporation.

    You must understand that your role as an officer of the corporation is different from your role as an individual. As an individual you do not have standing to bring a counterclaim on behalf of the corporation. You may only make claims against the creditor based on your personal status.

    However, the corporation may have grounds to bring counterclaims against the creditor. Whether that is possible depends upon the corporate structure, what is contained in the by-laws, and the terms of the original note (loan) to the creditor.

    You should seek the advice of a licensed attorney in the Boston area who is competent in the area of business litigation, and you should do so without delay.

    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 not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation. Any advice contained in this communication is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding Federal tax penalties that may be imposed on the taxpayer.

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