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Mitchell T. Grayson

Mitchell Grayson’s Answers

56 total


  • In a simple revocable trust, can a single trustee also be the beneficairy? Can that same person also be the grantor?

    I want to hold real property and not have tax records show ownership. Only xyz trust, "john smith as trustee"

    Mitchell’s Answer

    • Selected as best answer

    Yes and that is one of the reasons for using this type of trust.

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  • In NJ can a partner in llc be forced by an arbitrator to sell his shares in the company if he is disassociated as manager ?

    I am a partner in an LLC in NJ. I did an inappropriate yet minor offense as partner and after going through arbitration was disassociated as a managerial partner and awarded money for my shares. However, I have since learned that because of the "...

    Mitchell’s Answer

    You definitely need to have the matter reveiewed by an attorney familiar with partnership disputes and operating ahreements,
    It depends upon what your specific operating agreement provides. An operating agreement is a contract and unlerss it is illegal or unconceinable or you were cohereced you are cound by that agreement.

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  • How do I get out of an LLC with a uncooperative parter in NJ?

    In 2010, I started an LLC with a friend, but never created an op. agreement. At the time, I was in college far away from my partner, but even through regular talks he was uncooperative in providing me with company info and completing the operating...

    Mitchell’s Answer

    You can let it die now that the charter has been revoked ( if that is in deed what has happened ) or to be on the safe side you would file a dissolution of the LLC with the secretary of state office just to make sure your other member does not get the company reinstated,.

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  • How do I obtain a DBA Certificate in new Jersey for a Business ?

    I need to open a Business Checking Account and the bank requires a DBA Certificate. It is only a Sole Propietership but the bank requires this DBA Cert. Anyone have experience with this ?

    Mitchell’s Answer

    you go to the county cler where the business is located. They will give you a very short form to fill out and file with them.It is a nimonalm fee.

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  • Can I get my retainer back from a lawyer, that agreed to take my case and is now representing another codefendent?

    We retained a lawyer for my son for a criminal case, he took our money and said that he would fight for him on this case. When my son showed up in court the attorney we hired was there representing another codefendent in case leaving my son with ...

    Mitchell’s Answer

    I think it is as simple as asking for the retainer back since he did not explain to you that he would also be representing a codefendant and more importnantly failed to represent your son at the hearing.

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  • Registering a DBA in NJ

    I started my LLC with a DBA name, for example Mrs. ABC. But now I would like to change the DBA to for example Mrs. XYZ. In the near future, I would like to do a trademark of the Mrs. XYZ name. However, there is another trademark already existin...

    Mitchell’s Answer

    That will be a problem since someone already has a nearly identical tradename.

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  • SIngle member LLC

    I thinke previously i asked question wrong. Last year i formed one person LLC for my jewelry busines. Unfrotunelly it didnt worked out as I thought because I made only 500$ thru whole 2012. i didnt worked anywere and dint have any income. my finan...

    Mitchell’s Answer

    personal with business name shown on schedulr C

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  • Can I void my home contract and get my deposit back?

    Structrual engineer stated in report home has a structure issue but does not need to be fixed right now but does need to be monitored.

    Mitchell’s Answer

    It largely depends on whether you had an inspection provision in your contract and you are within the time permitted to cancel due to a structural defect.If you are then you should be able to cancel and get your deposit.If you are outside then the next questions are: did the seller do anything to conceal this defect? If so then you may be able to terminate and get your deposit. Is there a mortgage contingency and is the bank aware of the defect? Will the bank not grant the mortgage due to the defect? If not, then you may be able to terminate under the mortgage contingenct provision.
    there are a number of variable. yiou need to have the agreement and the facts reviewed by a real estate attorney.

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  • I have a buisness with a trademarked name and there is another buisness using my name and added and contracting what can I do?

    Abc LLC Abc and contracting LLC

    Mitchell’s Answer

    As noted by the other attorneys who have responded, there qare too many variables to answer what appears on its face to be a simple question. as yiou can see, it is not so simple.
    You will need to consult with an attorney experiences with trademark enforcement.

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  • Can a buyer (with-out an attorney) submit changes to a real estate contract during the attorney review period?

    I am a buyer , my realtor refused to give me a copy of the contract , until after he explained and we signed , told me that we could have an attorney review the contract during the attorney review period . I UN - officially spoke to an attorn...

    Mitchell’s Answer

    the attornety review period starts after bothe parties have signed the agreement a delivered a copy to the other.Until that happens you can terminate the contract or request changes.after that happens only an attorney during the review period can terminate the agreement without you being in default.

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