I agree with Counsel. License to do business has nothing to do with LLC, S-Corp., Partnerships etc which are business entities formed by individuals who want to do business not individually but under an entity structure. Some business require licensing in Florida and in order to determine whether yours does, you should consult with a local Corporate Attorney. Good luck to you.
I agree with Attorney Stein. Go to the consult with them. If your father gives consent to you being at the appointment, you and the elder law Attorney can first hand understand his mind frame. If after the consult, the Attorney decides your father has the mental capacity to make his decisions regarding his finances and is not acting under any undue influence, the Attorney will proceed accordingly. Good luck to you.
Whether the distribution made to the person is part of the estate or not really depends on when the check was issued, who issued the check (deceased or someone else) and why the check was issued? As Counsel mentioned, you should consult with a Probate Attorney locally to help you more with your questions.
They probably are suing you under Breach of Contract theory. Usually the norm is to sue the company but doesn't necessarily mean, they are forbidden to file suit against you personally. The best thing to do is hire a litigation Attorney in your area to assist you with dismissing claim against you personally and then addressing other counts against the business. My firm assists in such matters should you like to proceed with meeting in person to discuss more.
Unless otherwise stated in operating agreement of the LLC, the registered agent is usually only responsible for accepting service. Suing an LLC is very different from getting judgment against it and then collecting on that judgement so as Counsels mentioned, you best bet is to hire competent legal Counsel, locally. Good luck to you.
From the facts above, it looks like your mom may have accomplished a way to avoid probate proceeding with listing you as JTWROS and naming you as payable on death beneficiary on bank accounts and CDs. A living trust created by her as the trust-maker will not protect her assets for any claims made by her creditors. Revocable Living trusts do help save taxes and any income generated by the Trust is reported as personal income, but there are other types of trusts that when drafted carefully, can...
From the limited facts you provided it is difficult to understand the intention of your brother to keep your name out of business other than to limit your rights and ownership interest in the business. You should consult with a local Corporate Attorney to best advise you on your options and documents that need to be prepared to protect your rights and interest. Good luck to you.
I agree with Counsels- everything your Grandfather gave away when he was alive, as long as it was done with sound mind, was his right and doesn't require disclosure. However, your Attorney is the one dealing with this case and he/she knows more and is advising you based on his analysis of the situation. I suggest you speak to your Attorney and explain your reasoning of why you don't feel you should disclose. Absent an agreement to the contrary, usually each party pays their own fees or the...
I agree with both Counsels. The first issue is who is the trustee? If its your mother, is she a beneficiary as well? If she is a beneficiary, what do the provisions of the Trust say with regards to her benefit? If it is income only, then as Counsel mentioned, principal should be protected. Provisions of trust are not always easy to comprehend so speak to Counsel with regards to reviewing the Trust. Good luck to you.