Jan Matthew Tamanini’s Answers

Jan Matthew Tamanini

Harrisburg Business Attorney.

Contributor Level 14
  1. Is there a way to compel someone to file a will. They say they have the will, and everything was left to them. is there a will?

    Answered almost 3 years ago.

    1. Jan Matthew Tamanini
    2. Jacob Ryan Lauser
    3. Steven J. Fromm
    4. Kelly M. Shovelin
    4 lawyer answers

    To expand on the Pennsylvania answer, the Register of Wills staff in Dauphin County is very helpful and can walk you through the process you'll need to start opening the estate. If your grandparents lived elsewhere, you would go to the Register of Wills in the county where they were living at the time(s) of their death(s). There are specific rules in Pennsylvania law governing how property would be distributed if there were no wills. Whichever of your grandparents survived the other...

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  2. My father just passed away (mom already gone) and my sister says everything was left to her. How do I find out if this is true.

    Answered over 4 years ago.

    1. Jan Matthew Tamanini
    2. Steven J. Fromm
    2 lawyer answers

    Call the Allegheny County Bar Association's Lawyer Referral Service at 412-261-5555 and you will be referred to an attorney with experience in estate administration who could answer your questions. The fee for the service is $30 for a 30-minute consultation. If your sister is not being truthful and you were not deliberately excluded in the will, or if you can prove your sister exercised undue influence over your parents in making the will, you may be able to challenge the will to get your legal...

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  3. Arrest records vs "relevance to business"

    Answered over 2 years ago.

    1. Jan Matthew Tamanini
    2. Pamela Koslyn
    2 lawyer answers

    Pennsylvania is an "employment at will" state and an employer may fire anyone at any time for any reason, unless there is a written agreement (including collective bargaining agreements) that set restrictions on termination. Particularly if you failed to disclose your retail theft arrest on your employment application if there was a question asking whether you had an arrest record, your answer could be considered an attempted fraud or deception of the employer in an effort to get a job. The...

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  4. Can a person have POA (legal affairs) for 2 inmates that were in the same crime together

    Answered over 2 years ago.

    1. Jan Matthew Tamanini
    2. Thomas Devlin Begley III
    2 lawyer answers

    I'm not sure why you would think having a power of attorney for two people who happened to commit a crime together would be a conflict of interest, unless one of them has a legal claim against the other. A power of attorney must be used for the benefit of the person granting the power (grantor); an individual holding the power can't use the assets of the grantor for his own personal benefit. Many people fail to understand that a power of attorney is NOT to be used for any reason other than...

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  5. Should I use my PA LLC to operate in NJ during the summer or form an additional NJ LLC?

    Answered over 2 years ago.

    1. Jan Matthew Tamanini
    2. Christopher Barrett Fay
    2 lawyer answers

    Please refer to the other posting you made; you don't need to form a separate LLC in NJ; in fact, doing so could create problems. For a definitive answer on how to form your LLC (whether as a disregarded entity, meaning you'd file as if you were a sole proprietor for both state and federal income taxes -- paying state taxes on your income earned in each state to that state, whereas if you would choose to elect filing as a corporation (S or C) when you get your IRS EIN, you would file separate...

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  6. Can a Power Of Attorney open up a joint account using the person's money that they have POA over?

    Answered over 3 years ago.

    1. Jan Matthew Tamanini
    2. Michael Harris Fienman
    2 lawyer answers

    The power of attorney itself will specify its specific powers. One thing that all powers of attorney have in common, however -- and something misunderstood by many people -- is that powers of attorney do NOT give the person with the power the ability to use that power for his or her own personal gain. The power of attorney gives the person with the power the authority to act ON BEHALF OF THE GRANTOR OF THE POWER, FOR THE GRANTOR'S BENEFIT. It's called a fiduciary responsibility. Abuse of the...

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  7. Do I need to file a fictitious name statement/DBA for a name I'm going to use as the domain name for my LLC?

    Answered over 3 years ago.

    1. Jan Matthew Tamanini
    2. Clifford L. Tuttle Jr.
    3. David Francis Hanley
    3 lawyer answers

    Allow me to correct one thing in the prior answers: filing a fictitious name does NOT protect the name from use by others. Only a corporation or LLP/LLC filing gives you name protection for the business, and then you would have the protection only in Pennsylvania. You can see examples of this by doing a name search on the PA Department of State website; there are many businesses registered with identical fictitious names, sometime even in the same geographic area. You mention wanting to use...

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  8. I moved into my parents house 2 care for my mom after my dad passed away. My mom is listed as execator of estate

    Answered over 4 years ago.

    1. Jan Matthew Tamanini
    2. Linscott Roberts Hanson
    2 lawyer answers

    I suggest you contact your county bar association's lawyer referral service. You can get a low-cost initial consultation with an elder law attorney who should be able to answer your questions. The advice from the Illinois attorney about keeping good records about your payments and other expenses you've incurred or handled on your mother's behalf since you moved into the house. You are responsible as a fiduciary for your mother under the power of attorney, and this means that you are obligated...

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  9. Are the Articles of Incorporation we wrote actually our Articles of Incorporation or are they the forms filled out for the state

    Answered over 2 years ago.

    1. Tyler Benjamin Christ
    2. Jan Matthew Tamanini
    3. Robert John Murillo
    3 lawyer answers

    It's especially important for nonprofit organizations to have bylaws to set out the requirements for operating the corporation, including voting rights, board of directors requirements for election and terms, whether you will have an officers and directors liability policy, and the requirements for membership, among many other considerations. So in addition to the articles you have written, make sure you consult an attorney with nonprofit experience to ensure that all of your needs are covered....

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  10. Should I use my PA LLC to operate in NJ during the summer or form an additional NJ LLC?

    Answered over 2 years ago.

    1. Tyler Benjamin Christ
    2. Jan Matthew Tamanini
    3. Kenneth Allyn Sprang
    4. Christopher Edward Ezold
    4 lawyer answers

    The key on your tax question is whether, when you form your PA LLC and apply for your IRS EIN, you choose to be a "disregarded entity" (meaning you would be filing a Schedule C for federal and state income taxes) or whether you elect to be taxed as a corporation (S or C). If you take the default position for a single-member LLC, you're a disregarded entity (and you file your income tax returns as if you're a sole proprietor). If you elect taxation as a corporation, there are other potential tax...

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