Scott Leigh Glazier's Answers

My father and I are in business together however the company is solely in his name...

Generally the girlfriend should have no rights unless she contributed to the business either in money, property or services. However, unless you have an agreement restricting transfers of the stock, there would be nothing preventing your father from transferring any or all of his stock to her either during his lifetime or at death. Also, in the event they get married, she may then acquire an equitable interest in the stock upon death or divorce unless she and your father enter into a pre-...

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Will I have to file taxes next year as jointly or will I be able to file as single?

I agree with Attorney Tomas. If you are still married at Dec 31, 2010 you can file Married, Filing Separately. As far as an annulment, generally those are only granted based on very limited circumstances in the State of Florida (ie not of legal age, already married, incompetence, etc.) It sounds like a simple divorce would be the easier and most appropriate route. There are many avenues for assistance in that regard. I would start with the Family Law court as they can sometimes walk you...

I am partner in a Limited Liability Company being sued for sexual harrassment by a former employee?

The first thing you should do is check with your business insurance carrier. Your company may have employment practices liability coverage which might provide a lawyer on behalf of the Company. If you dissolve the LLC, any assets which are distributed to the Members (owners) would be subject to attachment by any judgment creditor. If you just start a new company, that company may also have liability as an "alter ego" of the liquidating company. You should seek legal advice for both the...

Sue for breach of contract

I would pursue your claim aggressively against your employer. Hopefully you have not signed a release and therefore you can pursue your claim for breach of contract. You may also be entitled to recover interest from the date they were supposed to pay you. If your contract provides for payment of attorney's fees, you may also be able to pursue that claim.

I signed a noncompete with a private civil engineering (roads) firm; can i work for the state DOT as an engineer?

Noncompetes are legal in the State of Florida, but there is a burden of proof on the person (company) trying to enforce it to show that the restrictive covenant is necessary to protect a "legitimate business interest" of the person seeking to enforce it. Such an interest can include trade secrets or other confidential information and relationships with customers and clients. Also, the noncompete must be reasonable as to time and geographic area. I assume it is in writing and if so you would...

My mother passed away without a will. The car is in her name only. How does my father get the title transferred to his name?

I would first check with the Department of Motor Vehicles. You can go to a local tag agency and they should be able to help. I would suggest taking the title alond with a certified copy of the death certificate. I think they can do it without probate. You also need to make sure that your father has insurance. If there are other assets in you mother's name, you still may need to go through probate.

LLC electing to be an SCorp

Basically, the answer is yes as to whether you will be required to pay FICA if you make the S election because as the sole generator of income for the Company, you must pay yourself a "reasonable salary". However, whether that salary must be your entire profit is debatable. So you could possibly pay yourself something less than the entire profit and pay the balance of your profit as an S corporation distribution which is not subject to FICA. This could make a difference if your profitability...

Settlement of an Estate that I will receive

The estate papers are part of the probate file and as such become part of the public record. This will facilitate any transfer of real estate without you having to produce original documents. You may want to request certified copies of any final orders. If you are a beneficiary you may request copies of any or all of the probate documents.

Can I transfer deed to my 17 yrs old son?

If you want to transfer property to a minor, you should do it through the formation of a trust. As a minor (under age 18), your son would not be able to do anything with the property once you transferred it, including perhaps buying insurance. Also, before transferring, you would need to obtain any consents, such as from the holder of any mortgage on the property. Finally, your transfer, whether it is before or after your son turns 18, has gift tax implications and also income tax...

Can my boyfriend pay taxes on money earned off the books?

Ok you've got a lot going on here, but let me see if I can answer all of these for you. First and foremost, yes your BF can and must report his income to the IRS. The failure to do so is a criminal offense. It doesn't matter that he hasn't received a 1099, but it does put the burden on your BF to keep good records of when he worked and how much he was paid. He will report his income on Schedule C of his 1040 personal return. You can find one on the IRS website or just type in IRS Schedule...

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