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Randall D. Fisher's Answers

Randall D. Fisher
Annapolis Estate Planning Attorney.
Contributor Level 7

3

Attorney answers:

  1. Kenneth Allyn Sprang
  2. Randall D. Fisher
  3. Lev Konstantyn Martyniuk

Can I create a series llc in the state of Maryland using online services that charge a fee for creation?

Asked by a user in Annapolis, MD - over 3 years ago.

Maryland Law does not allow for a series llc. Depending on the issues you have, you may wish to consider a Delaware Series LLC. Additionally, I would consider a Delaware Asset Protection Trust in the mix. In all cases, I would consult with a lawyer before setting up anything. Should you have any further questions, feel free to contact my office. Best regards, Randy Fisher

2

Attorney answers:

  1. Randall D. Fisher
  2. Keenan M. Post

Can you pay expenses from a personal account (as executor) as long as you keep solid accounting records?

Asked by a user in Baltimore, MD - almost 3 years ago.

You should discuss this with the lawyer that you are working with to probate the estate. I would consider contacting the beneficiaries about providing a loan to the estate and get court approval before you disperse any cash. I would not simply write a check for the expenses and then expect to be repaid. You need court approval before you act. Please feel free to call my office to discuss if you have further questions. Best regards, Randall D. Fisher

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Attorney answers:

  1. Randall D. Fisher

I was loaned money. The original loan was used to acquire a new loan. The originator of loan has deceased. Do I still owe.

Asked by a user in Upper Marlboro, MD - almost 3 years ago.

Nothing in the death of the loan originator cancels out the debt of the first or second loan. Your debt to the loan originator is now payable to the originator's estate. There may be some other variables in this that are not evident from your description. Please feel free to contact my office to discuss. Best regards, Randall D. Fisher

1

Attorney answers:

  1. Randall D. Fisher

What affect does a signed and notarized codicil have on my original will, is the codicil legal

Asked by a user in Columbia, MD - almost 3 years ago.

A properly executed codicil will have the effect of modifying a will to make the changes stated in a codicil. What is hard to determine from your question is whether the codicil was appropriately executed. A codicil will require two witnesses; there is no mention of any witnesses in your description. If you wish, feel free to contact my office to discuss. Randall D. Fisher

3

Attorney answers:

  1. Frank A Selden
  2. Kokie Elizabeth Adams
  3. Randall D. Fisher

Estate planning

Asked by a user in Norfolk, VA - almost 3 years ago.

To set up an estate plan you have to make some basic decision. First, if you die, what do you want to happen to your possession? Do you want it to go to a spouse? Do you want it to go to your children, if any? Are they capable of managing and not squandering those assets? Who is going to direct the distribution of those assets? Second, what if you don't die but become ill? Who is going to help you with medical issues? Then you need to see a lawyer that is versed in Virginia estate...

2

Attorney answers:

  1. Michael Lewis Van Cise
  2. Randall D. Fisher

Estate Planning Guardianship ?

Asked by a user in Gastonia, NC - almost 3 years ago.

Residency relies on several different issues. Guardianship relies on an estate plan and the appropriate documents. In Maryland, you can get there by a will or a durable power of attorney. You should work with counsel in North Carolina and the state where your designated guardians live to determine the best course. Randy Fisher

2

Attorney answers:

  1. Keenan M. Post
  2. Randall D. Fisher

How can I find out if there is a will for my parents if my sister and I are on the outs

Asked by a user in Kansas City, MO - almost 3 years ago.

In most states, the process of probating a will requires that it be filed with a court of the appropriate jurisdiction. I would contact the courthouse in the state where your mother resided to inquire in which court wills are filed. I would then contact the clerk of that court to see if your Mother has a will on file at this time. Good luck, Randy Fisher

2

Attorney answers:

  1. Edward Joseph Smeltzer II
  2. Randall D. Fisher

Can I decline an inheritance but at the same time direct it to someone else in my family?

Asked by a user in Mahwah, NJ - almost 3 years ago.

In most states, the process of disclaiming an inheritance allows you to avoid receiving it, but does not allow you to direct it. You should check with local counsel for the implications of disclaiming the bequest. It may end up with your descendants, anyway. Best regards, Randy Fisher

2

Attorney answers:

  1. Jonathan H Levy
  2. Randall D. Fisher

How do I determine my state of residence for estate planning purposes

Asked by a user in Gastonia, NC - almost 3 years ago.

Areas that are viewed for residency include where you own property, where you may pay income tax, where you vote and where you have a driver's license. If you are going to be overseas, you also have the option of not owning any property in the U.S. and becoming an expatriot. You should check with your tax advisor for the best option. Best regards, Randy Fisher

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Attorney answers:

  1. Randall D. Fisher

What is the procedure to begin a Will contest in KY

Asked by a user in La Center, KY - over 3 years ago.

This is a family law question for a divorce lawyer in Kentucky. You should review it with counsel there. Good luck, Randy Fisher