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Darrin Michael Rosha

Darrin Rosha’s Answers

2 total

  • My father left a property bequest (separate writing) to someone not a relative and not named in the will. Is this valid?

    Also, the beneficiary wrote out the bequest and dated it. It appears to be my father's signature. Is this valid? I suspect undue influence.

    Darrin’s Answer

    The nature of the separate writing is critical, and it is not likely one can provide an effective response without knowing the language in the bequest. Was it specifically attempting to modify the will? When were the respective documents signed? Does the will cite to a separate writing?

    With this additional information, your counsel may be able to provide clarity. Your concern (and ability to prove) undue influence is a separate matter that should be reviewed with a competent attorney to determine whether you are likely to meet the standard required to invalidate the writing on that basis.

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  • How do I protect protect myself from any outstanding debt the LLC may have incurred before the partnership is final?

    I am coming onboard as a minority owner in an exisiting single person LLC. My soon to be partner and I have agreed that any debt or outstanding invoices will be his to pay or collect on before the date of our partnership and we would basically st...

    Darrin’s Answer

    It is also critical that you ensure all contracts that expose the LLC to current and future obligations are in the name of the LLC and do not include a personal guarantee from you. While you would not likely incur personal liability for past debts by purchasing membership units in the existing LLC, your investment into the LLC could be sought by creditors of the LLC in future actions. Based on your description above, it is very important that you address the issue of current liabilities before making significant investment of time or financial resources in the company.

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