Freya A Shoffner’s Answers

Freya A Shoffner

Boston Business Attorney.

Contributor Level 11
  1. How do I handle creditors at the death of a sibling who has no estate.

    Answered over 4 years ago.

    1. Freya A Shoffner
    2. Theodore Lyons Araujo
    2 lawyer answers

    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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  2. Is our landlord allowed to lease space to a company who provides the same services we provide and uses a similar name?

    Answered over 2 years ago.

    1. Erik Hammarlund
    2. Pamela Koslyn
    3. Freya A Shoffner
    3 lawyer answers

    I agree with both attorneys who previously answered your request. Based on what you've written, it does not appear that you have any grounds for pursuing a claim against your landlord. It is common, and frankly necessary, to negotiate an exclusivity arrangement with one's landlord prior to signing a lease. If your lease does not have such a provision, there may be some other avenues for pursuing the landlord depending on the other provisions in the document (or lack thereof.) However,...

    1 lawyer agreed with this answer

  3. Is the current company structure fair or should we restructure......if so, what is the best way?

    Answered about 5 years ago.

    1. Freya A Shoffner
    2. Christopher W. Vaughn-Martel
    3. Henry Lebensbaum
    3 lawyer answers

    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...

    2 people marked this answer as helpful

  4. 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?

    Answered over 5 years ago.

    1. Daniel S Gindes
    2. Freya A Shoffner
    2 lawyer answers

    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...

    2 people marked this answer as helpful

  5. I have a small life ins policy to cover my cremation. Who do I name as beneficiary?

    Answered over 4 years ago.

    1. Freya A Shoffner
    2. Janet Lee Brewer
    3. Robert Michael Way
    3 lawyer answers

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

    Answered over 3 years ago.

    1. Freya A Shoffner
    2. Susana Lannik
    3. E. Alexandra Golden
    4. Alan James Brinkmeier
    4 lawyer answers

    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...

    1 person marked this answer as helpful

  7. 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?

    Answered over 4 years ago.

    1. Freya A Shoffner
    2. Galen Gentry
    3 lawyer answers

    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...

    1 person marked this answer as helpful

  8. I want my home to go to my children after my death. Can I quit claim it to my children and myself?

    Answered about 5 years ago.

    1. Gabriel Cheong
    2. Freya A Shoffner
    3. Lars A. Lundeen
    3 lawyer answers

    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'...

    1 person marked this answer as helpful

  9. How much equity am I entitled to for taking a Marketing Director or Vice President’s role within a start-up company?

    Answered about 5 years ago.

    1. Freya A Shoffner
    2. William T Harrington
    3. Henry Lebensbaum
    4. Phil A. Taylor
    4 lawyer answers

    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...

    1 person marked this answer as helpful

  10. Hello: Is it standard for an actor to sign an agreement with a talent agent that has a one-sided indemnity clause? Thx

    Answered about 5 years ago.

    1. Freya A Shoffner
    1 lawyer answer

    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...

    1 person marked this answer as helpful