William C. Mack’s Answers

William C. Mack

Lake Hopatcong Business Attorney.

Contributor Level 13
  1. The Deed to my house reads as follows: Between ABC, referred to as the Grantor As Joint Tenants with the Right of Survivorship

    Answered about 1 year ago.

    1. William C. Mack
    2. Alicia M. Buckingham
    3. Gorham Sharpless Clark
    4. Michael Leo Potter
    4 lawyer answers

    If you own the property as joint tenants, then if you die before your other tenant (your husband, here), your interest goes to him by operation of law. So you cannot transfer your interest in your will to someone else, as long as the property is owned by joint tenants. However, you can re-do the deed to transfer the property to yourselves as tenants in common. In that form of ownership, you could pass your interest to your brother upon your death.

    8 lawyers agreed with this answer

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  2. Do I have to obtain a business license and register with the state before starting my business?

    Answered about 1 year ago.

    1. Frank A. Natoli
    2. William C. Mack
    3. Michael T Warshaw
    4. Raymond Andrew Grimes
    5. Ronald J Cappuccio
    5 lawyer answers

    I agree with my colleague. In addition, if you plan to have employees at the start of your business, you should register as soon as possible, and consult with an accountant familiar with required state withholdings for taxes, workers' comp, etc. And don't assume that you can start with all contract employees (1099 workers) and be safe. NJ has its own definition of who is an employee and who is not, and it does not turn simply on the fact that you call them an "independent contractor" in an...

    8 lawyers agreed with this answer

  3. Am in contract to sell a house but unhappy with my Lawyer can I fire him and get another Lawyer to do the closing?

    Answered about 1 month ago.

    1. William C. Mack
    2. Jonathan R. Miller
    3. Dana Whitney Atchley
    4. Michael T Millar
    4 lawyer answers

    I agree with my colleague. Also, if you have a written agreement with the lawyer (often called a "retainer agreement" that will dictate what you may owe if any. Also, keep in mind that (1) a lawyer may only charge "reasonable" fees for services and (2) a lawyer cannot withhold your file even if you have not paid fees that are owed.

    7 lawyers agreed with this answer

  4. REGISTRATION OF A BUSINESS

    Answered over 1 year ago.

    1. William C. Mack
    2. Matthew Adam Pek
    3. Francine Cullari
    3 lawyer answers

    You did not say whether you want to form a separate business entity (corporation, LLC, partnership) or just conduct business without an entity (as a sole proprietor, for example). There is no such thing as a state business "permit". However, you can form a business entity and this will give you general license to do business in New Jersey for the purposes set forth in your formation documents. You should also register with the Division of Taxation, get a tax ID number, and make sure...

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  5. What does it mean that my brother refinanced our family home through a deed of trust.

    Answered about 2 months ago.

    1. William C. Mack
    2. Michael T Warshaw
    3. Pearlette Vivian Toussant
    3 lawyer answers

    You did not present enough facts to give a complete answer. Let me make some assumptions. I assume your mother left a will naming the three of you as the beneficiaries of the house. I assume that the refinancing occurred when the house was still in the estate, (that is before it was transferred into all of your names). Otherwise, you would have known about it and would have had to sign the refinancing documents. I assume that the refinancing was what is called a "cash-out" refinancing -...

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  6. Real estate sale/contract transactions

    Answered 5 months ago.

    1. William C. Mack
    2. William J Popovich
    3. Michael T Millar
    4. Fredrick P Niemann
    4 lawyer answers

    Well, both, sort of. A mortgage pre-approval is a preliminary approval from a mortgage lender, indicating that based on limited information as to your financial condition, you are pre-approved for a loan of a certain amount. It is NOT the same as a mortgage commitment, which is given later in the process after a much more thorough review of your financial condition and an appraisal of the home you are buying. Most buyers that I have seen tend to get a mortgage pre-approval before...

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  7. In NJ, can I represent myself in a real estate sales transaction as one of two sellers (the other has an attorney who says NO)?

    Answered 5 months ago.

    1. Randall Philip Brett
    2. Richard E Weltman
    3. William C. Mack
    4. Michael T Warshaw
    5. Jaye L. Samuels
    5 lawyer answers

    I agree with both prior comments. Also do NOT try to pay the fee of the other attorney. That would be a violation of the rules of ethics and he cannot accept it.

    6 lawyers agreed with this answer

  8. What kind of attorney do I need?

    Answered 6 months ago.

    1. William C. Mack
    2. Andra Marie Vaccaro
    3. Frank A. Natoli
    4. Oscar Michelen
    5. Michael T Warshaw
    6. ···
    7 lawyer answers

    Let's start with the basics. You need to have an entity formed that will carry on the business, and help isolate your personal wealth from your business obligations. This is pretty straightforward, usually. You will need to negotiate and sign contracts with manufacturers to assure the supply and quality of garments that will be in your line. You need to negotiate and sign contracts with wholesale distributors to distribute the line, and perhaps directly with consumer chains that will...

    6 lawyers agreed with this answer

  9. Short sale

    Answered 6 months ago.

    1. William C. Mack
    2. Thomas J Major
    3. Lorraine Miguel Medeiros
    3 lawyer answers

    In a short sale, the lender looks at your financial situation and determines if you have the ability to repay the loan, or not. In order to start the short sale process, you must have an offer to purchase your home. As part of the analysis for approval, the lender will also look at how much money the proposed sale will generate for the lender (the new payoff). In doing so, it will look at the proposed purchase price, all the costs of sale, which include things like "fines" or other charges...

    6 lawyers agreed with this answer

  10. I tried to refinance my home and was unable to do so because I technically only own 50%. Any help on the steps I need to take?

    Answered over 1 year ago.

    1. William C. Mack
    2. Adam Lefkowitz
    3. James P. Frederick
    4. Charles Adam Shultz
    4 lawyer answers

    The share of the deceased tenant-in-common would pass at his/her death in accordance with the laws of intestacy in the state where he/she resided at death, since there was no will. Do you know if an administrator was appointed for the estate of the deceased person? If not, you would need to start with the Office of the Surrogate in the county where the home is located. Explain your situation and they can give you guidance as to what to do.

    6 lawyers agreed with this answer

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