Jeremy Johnson’s Answers

Jeremy Johnson

Williamsburg Estate Planning Attorney.

Contributor Level 9
  1. Guardian ad Litem to busy to really investigate...

    Answered over 3 years ago.

    1. Jeremy Johnson
    1 lawyer answer

    Generally, if an interested party feels that an appointed GAL is not administering their responsibilities appropriately, that party may wish to consider filing a petition with the circuit court clerk for removal and replacement of the GAL. Speak to local council to create the petition.

    1 person marked this answer as helpful

  2. What supporting documentaiton is required to obtain durable health care power of attorney for an 18 year old with Down Syndrome?

    Answered over 3 years ago.

    1. Stephen Samuel Messutta
    2. Henry Repay
    3. Jeremy Johnson
    3 lawyer answers

    In Virginia and Massachusetts a Principal must have the appropriate capacity to execute a legal document, such as a Health Care Power of Attorney. Although this standard varies from state to state, I generally use the "contract" standard/test; being, does the Principal have the legal capacity to execute an enforceable contract. If the answer is no, then the Principal most likely does not have the necessary legal capacity to execute a Health Care Power of Attorney. Switching gears, it...

    1 lawyer agreed with this answer

  3. How do I make sure my adult son will have NO say over me should I become incapacitated by age or medical condition?

    Answered over 3 years ago.

    1. Jeremy Johnson
    2. Virginia L. Lootens
    2 lawyer answers

    If you were in Virginia, I would start by having you execute 4 legal documents: 1) Revocable Living Trust - to manage financial decisions, 2) General Durable Power of Attorney - to handle financial issues/custodial issues outside of the trust, 3) Health Care Power of Attorney - to manage medical decisions, and 4) a Living Will - to handle end of life care decisions and directives. My general rule of thumb is "he who controls the money, controls the person." Therefore, you take every...

    1 person marked this answer as helpful

  4. When an executor is finished distributing the assets of a Living Trust, does he then have to close it officially in a court? Is

    Answered over 3 years ago.

    1. Thomas Edward Rossmeissl
    2. Neal Michael Rimer
    3. Jeremy Johnson
    3 lawyer answers

    Generally speaking, people create Revocable Living Trusts ("RLTs") to avoid oversight by the probate court at times of disability and/or death. However, I caution everyone to start their analysis with the trust instrument itself. If, for some bizarre reason, the Grantor of the trust included a requirement for some type of oversight by the court of a trustee's actions in closing the trust estate, the Trustee with be in breach of the requirement of the trust instrument if they failed to have...

    1 person marked this answer as helpful

  5. Can I have two seperate home business under the same EIN number?

    Answered over 3 years ago.

    1. Robert Neil Newton
    2. Jeremy Johnson
    2 lawyer answers

    It depends. Many companies have multiple lines of business and divisions operating under the same EIN. If you were one of my clients in VA or MA I would want to know how you are organized (Sole Proprietorship, S Corp., C Corp., LLC, Partnership, Business Trust, etc.) and I would want to examine the cross liability exposure of your various lines of business. I would also get your business CPA involved in the conversation. I suggest you obtain qualified legal counsel in your jurisdiction to...

  6. Can a shareholder of a private corporation get a line of credit against their shares?

    Answered over 3 years ago.

    1. Jeremy Johnson
    2. Sanford Irwin Millar
    3. Michael Prozan
    3 lawyer answers

    It is possible to use shares in a privately held corporation as security for a line of credit. However, first you must first look at the bylaws and/or the buy/sell agreement of the corporation to see if there is any prohibition against pledging the shares. The next obstacle you may have is finding a lender that is willing to accept the shares as security on the line of credit. Finally, even if the corporate documents allow you to take this action and you find a lender that is willing to...

  7. Can the court step in when the administrator of an estate is not performing his duties?

    Answered over 3 years ago.

    1. Jeremy Johnson
    2. Jeremiah Hilton Barlow
    2 lawyer answers

    When a Personal Representative (Executor/rix or Administrator/rix), charged with the administration of a probate estate, breaches his/her fiduciary duty to the underlying beneficiaries and/or its duty to the probate court, that Personal Representative can be removed by the Court upon the petition of any party with standing. Although anyone can represent themselves pro se, it is highly advisable in a situation like this to obtain qualified legal counsel to craft and file the petition, and...

  8. If i disclaim property into a disclaimer trust ..can i sell the property out of the trust at a later date for my benefit??

    Answered over 3 years ago.

    1. Robert J Harris
    2. Steven J. Fromm
    3. Jeremy Johnson
    4. Smilie Gregg Rogers
    4 lawyer answers

    The answer is "it depends." Assuming you disclaimed the assets into the trust as a individual beneficiary (within nine months of the death by a Qualified Disclaimer), the trust is now irrevocable, you are the Trustee and the Beneficiary of the trust, and the trust instrument does not prevent you from selling the assets, then you theoretically should be able to sell the assets within the trust in your capacity as a Trustee and administer those assets pursuant to the terms of the trust for your...

  9. Can an Attorney who prepares a trust for a client also be the successor trustee of that same Trust?

    Answered over 3 years ago.

    1. Brad S Hindley
    2. Charles Edward Mcwilliams Jr.
    3. Jeremy Johnson
    3 lawyer answers

    As a VA attorney, I am unable to speak specifically to CA law. However, in VA, a drafting attorney can be named as a successor trustee in the trust instrument. Although, our State Bar requires such a drafting attorney to make certain disclosures to the client client, such as: 1) the client is not obligated to name the attorney as successor trustee, 2) there are other professional trustee options available (trust company, bank, CPA, another attorney), and 3) a current example of the attorney's...

  10. Is it legal to present power of attorney form to someone in a mental hospital?

    Answered over 3 years ago.

    1. Jeremy Johnson
    1 lawyer answer

    Generally speaking, a person must have the appropriate mental capacity to execute a document such as a General Durable Power of Attorney. There are different standards for capacity in different states. However, my general rule of thumb is: "does the person have the capacity to enter into a contract." If no, then they should not sign the document. If yes, then they can sign the document. Many states require that General Durable Powers of Attorney be signed in the presence of a Notary and/or...

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