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Neil Ian Rumbak

Neil Rumbak’s Answers

9 total

  • If you are purchasing land and building is there advantages over a single member LLC vs a multi-member LLC and vice versa?

    Thanks for answering!

    Neil’s Answer

    This response assumes you asking about Minnesota LLCs. I am a Florida lawyer, so I cannot advise you on Minnesota law. Nevertheless, I'd ask a Minnesota lawyer about whether the number of members affect the asset protection the LLC provides. In Florida, multi-member LLCs are typically better for asset protection purposes.

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  • Are the new Gift Tax laws going to change at the first of the year or is it still undecided?

    I know the Gift Tax laws up until Dec. 31 is you can give away 5 million lifetime tax free and everything after that is 35% taxed. Has Congress decided what the new laws will be starting January 1st or are they still working on it? I've heard it...

    Neil’s Answer

    This year, the gift tax exemption is $5,120,00 million with a 35% flat rate. If Congress does nothing, it the gift tax exemption will be $1 million with a top rate of 55%. At this time, Congress has not decided what the new laws will be, so we are all waiting nervously.

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  • My tenants are still in my residence after the lease expired. What is the most expeditious way to have them vacate the premises?

    My tenant is on a month to month lease. I gave them the appropriate 15 days notice to be out of the premises by the end of the month but they are still there. What is the most expeditious means of evicting them?

    Neil’s Answer

    An attorney demand letter may whip them into shape. I'd have to know a little more about what is going on to give any advice though.

    The above information is legal information, but is not legal advice.

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  • How much Federal income tax will I have to pay in retirement?

    Thinking of retiring soon. Filing jointly we will have 21,600 ss income, plus a 12,100 pension, for 33,700 total annual income. Our home is paid for, we have no debts. I believe we could live on that if we don't have to deduct any income taxes....

    Neil’s Answer

    I would need more facts regarding your situation to answer this question.

    This posting contains legal information, but is not legal advice.

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  • Demand Letter

    I have a draft demand letter on a real estate/false advertising issue that I would like to have reviewed by a Florida attorney in an initial consultation. If the letter has merit, I would like to pay a reasonable fee to have it edited and sent on ...

    Neil’s Answer

    You can give me a call at 954-944-3929, or you can email me at nrumbak@rumbaklaw.com, and I will let you know if I can help.

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  • How do I get Legal Aid if spouse already applied?

    I have no income and my husband has a high income. We were divorcing pro se and he showed up in Court with an attorney. I contacted Legal Aid and they cannot help me because he got the attorney referral through them. They said that it is a conflic...

    Neil’s Answer

    • Selected as best answer

    See the Florida Bar link below regarding legal aid. Note the listed organizations that provide legal aid.

    http://www.floridabar.org/tfb/TFBConsum.nsf/0/a949d517a480a5a685256b2f006c5c77

    See these links for lawyer referral services in Florida. You may be able to find an attorney to handle your matter at a reduced cost or for free.

    http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/d57bf1727600938585256b2f006c5c9b?OpenDocument

    http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/2d2abb1f846d13a9852574a500635941?OpenDocument#Broward%20County%20Bar%20Association

    In addition, if you are a student, the educational institution that you attend may have a student legal services office.

    Disclaimer: This posting deals with legal issues, but does not provide legal advice.

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  • What happens if my employer does not take out fica taxes?

    is it against the law not to take out fica taxes

    Neil’s Answer

    Take a look at a federal regulation dealing with this issue:

    Treas. Reg. § 31.3102-1 (http://law.justia.com/us/cfr/title26/26-15.0.1.1.1.2.8.4.html).

    Look specifically at Treas. Reg. § 31.3102-1(d):

    "In collecting employee tax, the employer shall disregard any fractional part of a cent of such tax unless it amounts to one-half cent or more, in which case it shall be increased to 1 cent. The employer is liable for the employee tax with respect to all wages paid by him to each of his employees whether or not it is collected from the employee. If, for example, the employer deducts less than the correct amount of tax, or if he fails to deduct any part of the tax, he is nevertheless liable for the correct amount of the tax. Until collected from him the employee also is liable for the employee tax with respect to all the wages received by him. Any employee tax collected by or on behalf of an employer is a special fund in trust for the United States. See section 7501. The employer is indemnified against the claims and demands of any person for the amount of any payment of such tax made by the employer to the district director."

    This posting contains legal information, but is not legal advice.

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  • I need a por bono lawyer help for custody of my son

    I am a father of an eight year old son and I want him to live with me. Right now he stay with his grandmother from his mother side because she live out of the stae of florida and i didnt want to go through the whole court deal so my sons mother an...

    Neil’s Answer

    See the Florida Bar link below regarding legal aid. Note the organizations that provide legal aid.

    http://www.floridabar.org/tfb/TFBConsum.nsf/0/a949d517a480a5a685256b2f006c5c77

    See these links for lawyer referral services in Florida. You may be able to find an attorney to handle your matter for free or at a reduced cost.

    http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/d57bf1727600938585256b2f006c5c9b?OpenDocument

    http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/2d2abb1f846d13a9852574a500635941?OpenDocument#Broward%20County%20Bar%20Association

    Disclaimer: This posting deals with legal issues, but does not provide legal advice.

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  • I need an attorney that will help me for free...

    I am a full time student and I have not seen my son in about 5 months the judge ordered temporary custody to the father. But he is limiting my visits to 3 hours every two weeks and he only lets me come to his house I can not take my son anywhere. ...

    Neil’s Answer

    This link from the Florida Bar provides information regarding legal aid. Note the list of organizations that provide legal aid:

    http://www.floridabar.org/tfb/TFBConsum.nsf/0/a949d517a480a5a685256b2f006c5c77

    In addition, some educational institutions have a student legal services office that can provide legal advice to its students.

    Disclaimer: This posting deals with legal issues, but does not provide legal advice.

    See question