John B. Stutt’s Answers

John B. Stutt

Racine Business Attorney.

Contributor Level 12
  1. My fiance and I are getting married and we are each going to do a prenup. Do we each need to get our own attorney?

    Answered almost 2 years ago.

    1. Regina Powers Hunter
    2. Teri M. Nelson
    3. John B. Stutt
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    An attorney would have a conflict if he/she represented both parties. The attorney's duty is one of loyalty to you. There are competing interests when a pre-nuptial agreement is negotiated.

    5 lawyers agreed with this answer

  2. Subcontractor llc's

    Answered over 2 years ago.

    1. John B. Stutt
    2. Linscott Roberts Hanson
    3. Robert John Murillo
    3 lawyer answers

    If you create a LLC your LLC will be issued a 1099. That is, if you provide the contractor with the federal employment identification number of the LLC. You would not have to issue yourself a 1099 if your tax return preparer sends a Form 8832 to the IRS that indicates that you are operating the LLC as a sole proprietor. LLC can be chameleons in that over time, they can be a sole proprietorship, partnership or S corporation. You should discuss the advantages with your attorney or CPA....

    5 lawyers agreed with this answer

  3. Does deceases estate pay for half of house payment until house is sold?

    Answered 23 days ago.

    1. Robert C. Daly Jr.
    2. John B. Stutt
    3. Edward Fossum Hooper
    3 lawyer answers

    Your question could be interpreted to mean that the lender filed a complaint for consumer replevin. That is, they filed to recover the possession of the vehicle because of a consumer credit transaction when you failed to pay timely; you were in default. You could go back to Small Claims Court and argue that their receipt of payment constitutes a retraction of their request to recover the vehicle. This is a sort of waiver argument. That they waived their right to recover the vehicle....

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  4. My landlord can't subtract and keeps adding on to my rent bill, am I legally evicted even though I pay my rent every month?

    Answered 5 months ago.

    1. John B. Stutt
    2. Randy T. Enochs
    2 lawyer answers

    Another resource you may try is the Tenant Resource Center, on housing questions, toll free, 877 238 RENT (7368) or try their rental rights email service www.tenantresourcecetner.org/contact_rental_rights.

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  5. My dad had his girlfriend put on his check book and she told the lawyer she would turn the book over to the astate but won't

    Answered about 1 year ago.

    1. John B. Stutt
    2. Charles Adam Shultz
    3. Arnold Garson Cohen
    3 lawyer answers

    Your Dad may have put a payable on death designation to his girl friend on the checking account by signing a document with the bank clerk so that his girl friend received the property at his death. Your Dad may have changed the title on the account to Himself and his girlfriend so that upon his death his girlfriend would be the owner of the checking account.

    3 lawyers agreed with this answer

  6. What do I have to prove when contesting a trust or will?

    Answered about 1 year ago.

    1. John B. Stutt
    2. Celia R Reed
    3. James P. Frederick
    3 lawyer answers

    Generally, to prove undue influence the Court looks to multiple factors: 1) Did the proponent actively participate in the procurement, drafting and execution of the will? 2) Did the proponent have the opportunity to influence? 3) Did the proponent have a disposition to influence? 4) Did the proponent achieve the coveted result? Alternatively, undue influence may be proved by: 1) showing the existence of a confidential relationship between the decedent and the favored...

    3 lawyers agreed with this answer

  7. How do I file a court order or supeona for information requried by the IRS?

    Answered about 2 years ago.

    1. John B. Stutt
    2. James P. Frederick
    3. Tanner Woods Pittman
    3 lawyer answers

    You will need an attorney to assist in this effort in that you have no ability to issue a subpoena. Your inquiry does not indicate what state the company is operating in so that is another potential complication. Wisconsin counties vary in their probate practices. Your attorney can determine if Kenosha county will permit you to open a special administration for limited purposes or if you need to open an informal administration. Your husband may or may not have completed a beneficiary...

    3 lawyers agreed with this answer

  8. I received a complaint without a summons. Can I ignore the complaint. It is for an Arizona court.

    Answered over 2 years ago.

    1. John B. Stutt
    2. Tajara Dommershausen
    3. Michael S. Haber
    3 lawyer answers

    You should contact an Arizona attorney as soon as possible. If you don't know such an attorney, you should look for one on Avvo or the referral service of the Arizona Bar. You may think that the assessment is invalid and it is another thing to get that determination if you sit on your rights. If you do nothing, the attorney for the condo association may seek a judgment due to your non action and an affidavit indicating that Arizona law has been complied with. When you fail to make...

    3 lawyers agreed with this answer

  9. What is the eviction process for a business?

    Answered 6 months ago.

    1. John B. Stutt
    2. James CW Bock
    3. Alan James Brinkmeier
    3 lawyer answers

    Generally, your rights are controlled by your written lease, the state statutes and administrative rules. It is unlikely that he can force you out without court action. The Court can order an eviction before a money judgment is entered against your business. You definitely should consider legal advice at this point.

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  10. Can a judge release a guardian from their duties when a person has passed away and no personal representative was appointed ?

    Answered 12 months ago.

    1. John B. Stutt
    2. Robert Miller
    2 lawyer answers

    To follow up on Attorney Robert Miller's answer, these statutory provisions should be reviewed: 54.66  Final accounts. (1)  Render final account. If a court terminates a guardianship, or a guardian resigns, is removed, or dies, the guardian or the guardian's personal representative or special administrator shall promptly render a final account to the court and to the ward or former ward, the successor guardian, or the deceased ward's personal representative or special administrator, as...

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