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Dan W. Armstrong

Dan Armstrong’s Answers

403 total


  • What law the court will apply in distribution of profits in a limited liability company?

    In a disbute among LLC members, what law the court will apply in distribution of profits in a limited liability company?

    Dan’s Answer

    The law is deemed by the signed and executed Operating Agreement signed by all the members. Read that and that will explain the distribution, timing, etc,.
    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    Blog: http://danwarmstrong.blogspot.com

    See question 
  • When a life estate in a home is created in a will,when may the life estate live in the home or have to wait till probate is over

    tthe personal rep. has changed the lock before probate is even started also, can PR stay in the house foa few days or more

    Dan’s Answer

    Once the PR is appointed, they can communicate to the holder of the life estate to receive the property. I would suggest that you consult with an attorney to insure your interests and know your rights and responsibilities and extent of the ownership.
    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    Blog: http://danwarmstrong.blogspot.com

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  • If one receives a life estate under a will in a house that is in a country club community ,does the holder belong to the club

    No one can buy a house if he doesn't buy the club membership and belong to the club. At this time the administration is saying, only the right to live in the house is a part of life estate, not the club membership.The club membership is paid for ...

    Dan’s Answer

    I concur with the country club. Obviously someone can live in the home and not be part of the club.
    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    Blog: http://danwarmstrong.blogspot.com

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  • Trust damages

    I am trying to figure out how to calculate lost capital gains to restore as per FS 736.1002. The accounts have lost since the breach of fiduciary duty for about several years. Money was wrongly taken out monthly, There are 3 categories of t...

    Dan’s Answer

    If you are the trustee you have earlier accepted fiduciary responsibilities under the law. You state that there has been a breach of fiduciary responsibilities. To address your personal liability and or criminal liability, see a trust attorney now if you are the trustee or successor trustee. If you are neither but only an interest beneficiary of the trust see a trust attorney to preserve your interests.
    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    Blog: http://danwarmstrong.blogspot.com

    See question 
  • Getting a copy of a deed

    There is an unrecorded deed that my parents had made out to be effective at their deaths. Without going into much disclosure due to the nature of this public forum, I just want to know if it would be possible to get a copy of the deed from the at...

    Dan’s Answer

    In Florida there is no property transfer until the deed is recorded and the recordation date is the transfer date. You would have to file a valid deed in the county of the location of the property to benefit you. I will not discuss this further since you are sensitive to open up a further candid discuss in this venue. Since the attorney that may have the deed in the file has no obligation to you as a client I suggest that you contact a probate attorney in the county of the decedent preferably that can work and advise you and has no past history in this matter.

    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    Blog: http://danwarmstrong.blogspot.com

    See question 
  • Where do I stand with this issue and what can he hurt me with ?

    My aunt passed away recently at her home with hospice care and myself by her side from the begining of her illness to the end and being the only close nephew to her, she gave me power of attorney to do all of her affairs which no one else would do...

    Dan’s Answer

    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    Blog: http://danwarmstrong.blogspot.com

    See question 
  • If a parent is hospitalized and cannot communicate, can their children get power of attorney and access their medical records?

    The parent is hospitalized now for 3 1/2 weeks due to complications from an outpatient procedure, the parent can not speak logically and the children suspect they have a had a stroke while in the hospital but the doctors will not confirm. They se...

    Dan’s Answer

    An Elder Law attorney can visit your parent in the hospital and determine if the parent has capacity to sign a Durable Power of Attorney. If not the same attorney can explain the guardianship process which will allow someone to have legal control of your parent’s property and themselves. If you wish a free consult on this matter, call our Jacksonville area office for an appointment to discuss this further.

    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    Blog: http://danwarmstrong.blogspot.com

    See question 
  • How do I find who was the guardian for my niece in Jacksonville Florida in the late 1990's?

    Her father was killed and the mother wasn't in right state of mind to take care of her...so someone had temporary guardianship.

    Dan’s Answer

    You may be successful by going to the clerk of the court office at the courthouse at 330 Bay Street and giving the clerk the name of the “ward’ your cousin. If the Guardianship is currently ongoing a file will be with the clerk. You do not say why you are asking for this information and there may be an easier answer if your had mentioned it. See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    Blog: http://danwarmstrong.blogspot.com

    See question 
  • We are senior ands pernament residents of fla

    we do not have a florida will,my husband insists our out of state is legal here also i think we should have documents for each other in case of illness we are in our 80"s

    Dan’s Answer

    Among all the changes you must make when you move to a new state -- driver's license, voter registration -- don't forget your will. While your will should still be valid in the new state, there may be differences in the new state's laws that may make certain provisions of the will invalid. In addition, moving is a good excuse to consult an attorney to make sure your estate plan in general is up to date.
    Property laws can vary from state to state. It is especially important to have your estate plan reviewed if you move from a common law state to a community property state (Arizona, California, Idaho, New Mexico, Louisiana, Washington, Nevada, Texas, Wisconsin, and Alaska) or vice versa. In a common law state each spouse's property is owned individually, while in a community property state, property acquired during the marriage is considered community property. In addition, states may have different rules about when co-owned property may pass to the surviving owner and when it may pass under the will.
    Other things to consider are whether there is any language you can add to the will to make it easier to probate in the new state and whether your executor still makes sense based on your new location. Other pieces of your estate plan may need updating as well. For example, the state may have different rules for powers of attorney or health care directives.
    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    Blog: http://danwarmstrong.blogspot.com

    See question 
  • If I have a Florida Land Trust, and I am Trustee of that Land Trust,

    can I represent the trust as trustee in a matter of litigation not just in smalls claims, but also in the high courts? My company is a beneficiary and another company owned by another party is a beneficiary. I am the Trustee. The two benefi...

    Dan’s Answer

    Every year I get this type of question as most attorneys. My analogy is simple. If you wanted to fly to the moon, would you build the explosive rocket yourself before you get in it and light the ignition? Most competent people would say know, since they have no training or skills and that would place them and others around them in peril. If you litigate use a litigator. I am sorry that you may not find my answer the one you like. As Shakespeare said, I am only the messenger.

    See an attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question