Karen L Brady’s Answers

Karen L Brady

Arvada Estate Planning Attorney.

Contributor Level 10
  1. Who r the beneficiaries of father's life insurance policy in family?

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    The beneficiaries of the life insurance policy aren't dependent on family relationships. Your father could have named anyone as his beneficiary, whether or not they are family. If he didn't name his beneficiary, the life insurance contract would have a default provision. One can't be sure to know what the default was without seeing the life insurance contract, but it would likely have either been his estate or his spouse. You don't indicate whether your father had a will, but you seem...

    1 lawyer agreed with this answer

  2. Can a unfit parent fight someone trying to get guardianship?

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    If you used an attorney to file for guardianship that attorney can best advise you about the procedures to counter any efforts your son makes to obtain custody of your grandson. Because your grandson has a parent who now wants to assume your grandson's care, you will most likely have to show that it is not in your grandson's best interest to be cared for by his father. In some states and counties, you may have to have your son's parental rights terminated. That's why it's important to work...

    1 lawyer agreed with this answer

  3. Can my adult step children come into my house and just pick and choose?

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    I am very sorry for your recent loss. It is common to have these many thoughts zooming in your head as you grieve. I am not licensed to practice law in Washington but did some initial research. You don't state how the cars are titled. If they are in both your names then it appears that no one else will have a claim to them. Even if they are titled in your husband's name only, as the surviving spouse you are entitled to all of your husband's share of the community property. There is a...

    1 lawyer agreed with this answer

  4. Is a person who invests money into an LLC entitled to be paid back if no loan agreement was ever created or signed?

    Answered almost 5 years ago.

    1. Nick Passe
    2. Karen L Brady
    2 lawyer answers

    I think you need to see a local business attorney who specializes in business disputes. Your investor may be able to claim that you are taking contradictory positions here. If this was an "investment" and not a loan, then what did he get for his investment? He may be able to argue that his investment was to make him a member/partner in the LLC. Since you didn't make him a member, then he may argue that you either didn't comply with the terms of the investment or that it was just a loan....

    1 lawyer agreed with this answer

  5. In MN can the court force an heir to start probate proceedings?

    Answered over 4 years ago.

    1. Henry Repay
    2. Karen L Brady
    2 lawyer answers

    I'm sorry for the loss of your mother. You don't indicate how ownership of the MN property was titled. Since you refer to it as your mother's house, I will assume that it was titled only in her name. If that is the case, only the personal representative of her estate will have authority to sign the paperwork on the house sale. The only way to be appointed personal representative is to start probate proceedings. So while you may not be forced to start probate proceedings merely because you...

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  6. Living trust

    Answered over 4 years ago.

    1. Karen L Brady
    1 lawyer answer

    I think it's helpful here to remember that a major goal for many people is to have the living trust serve as a "will substitute." With that in mind, ask yourself who you would want to know that you have a will and what the will says. I think the answer for everyone here will be different, based more on personal relationships and comfort level. However, I recommend that you let your successor trustee(s) know that you have a living trust, as he/she/they will be responsible for administering...

    1 person marked this answer as helpful

  7. Need for an mediator in order to sell/desolve business partnership

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. Karen L Brady
    3. John David Campo
    3 lawyer answers

    I have my doubts that a mediator will be able to help you if you and your partner are really "at odds." You may need an attorney to review your corporate agreements and advise you. However, if you really think a mediator will help, you can find one through the American Arbitration Association at www.adr.org or there are some listed with the Better Business Bureau in Chattanooga. Good luck.

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  8. My company is nervous that freelancers with LLCs that pay tax like sole proprietors will be mistaken for employees.

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. Karen L Brady
    2 lawyer answers

    Kaiser's answers are comprehensive, but I want to add that you can get a separate EIN for the LLC and still be taxed as a sole proprietorship (disregarded entity). If that makes the company hiring you feel better about contracting with a single member LLC you may want to do that.

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  9. Are freelancers that have LLCs more risky to hire than freelancers that have set up Corporations?

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. Karen L Brady
    2 lawyer answers

    Sole member limited liability companies can be taxed as sole proprietorships or corporations. When taxed as sole proprietorships, the LLC may operate under the members social security number. It occurs to me that your company may want to deal only with vendors that are taxed as corporations with separate EINs. Your company may believe that this will strengthen the argument that the freelancers are not employees but instead are independent contractors. I don't think I share your company's...

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  10. Case point of law - probate?

    Answered almost 5 years ago.

    1. Glen Edward Ashman
    2. Karen L Brady
    2 lawyer answers

    I'm very sorry for your loss. While I am not licensed to practice law in Georgia, general principles of law lead me to conclude that your analogy to a "typed" signature is not really applicable here, as you point out that the will was not signed in any form. Having a will prepared is not the same as executing a will. Executing a will is the way to demonstrate that it reflects your wishes. Many people have a will drafted, even by attorneys, that they never sign because they decide it doesn't...

    1 person marked this answer as helpful