Karen L Brady’s Answers

Karen L Brady

Arvada Estate Planning Attorney.

Contributor Level 10
  1. Can Grandparents take legal guardianship of daughters new born with her permission to ensure quality healthcare

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    Because the child's father is likely to contest guardianship, you may have an uphill battle getting named guardian of your grandchild. However, there are alternatives to guardianship that may suit your needs. A local attorney can advise you about your chances of guardianship and the alternatives, which may be either a power of attorney or delegation of powers that allows you to get healthcare and provide other care for the child. I also suggest you check with your tax preparer, as you don't...

    1 person marked this answer as helpful

  2. My husband died 08/06/2009 and left me a car under his name.I been making the payment but the bank wants the car back

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    I am assuming that you are not a borrower on the loan. Even if you make payments, the bank has a legitimate concern because if you aren't liable on the note they can't collect from you if you decide to stop paying. You say your husband "left you" the car. If you are entitled to inherit your husband's interest in the car you may be able to refinance the loan in your name and transfer the ownership interest in the car to yourself. However, if you can't pay off or refinance the loan the bank...

    1 person marked this answer as helpful

  3. Llc buyout

    Answered almost 5 years ago.

    1. Karen L Brady
    2. Henry Daniel Lively
    2 lawyer answers

    I am assuming that by "defaulting event" you mean an event that is described in the operating agreement that triggers a right to purchase another member's interest. The means of determining the sales price is usually described in the operating agreement. If the operating agreement doesn't provide guidance, the general rule will usually be fair market value. Unless the buyer and seller agree on the fair market value, there may need to be an appraisal by a qualified business appraiser....

    1 person marked this answer as helpful

  4. In FL, if there is a will do the assets need to go through probate to have property transferred to the surviving spouse?

    Answered almost 5 years ago.

    1. David Michael Goldman
    2. Jeffrey Scott Goethe
    3. Karen L Brady
    3 lawyer answers

    I am not licensed to practice law in Florida. However, general principles of probate law provide that a will does not avoid probate. Rather, the will is the set of instructions on how a probate is to be handled unless a provision of the law supercedes those instructions. From the facts you describe, there will need to be a probate.

    1 person marked this answer as helpful

  5. Llc operating manager

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    The operating agreement should provide a description of the manager's duties and authority as well as the term of the manager's position. The operating agreement may provide that the manager's authority is unlimited in some matters, such as signing contracts of a limited value, but limited in other matters, such as selling the company. The operating agreement usually will also provide details as to whether the manager is to serve until replaced by the members or only for a specific period of...

    1 person marked this answer as helpful

  6. When a sick parent lives with an adult child and dies without a will who has the right to distribute or keep their belongings?

    Answered almost 5 years ago.

    1. Ellen A. Victor
    2. Karen L Brady
    2 lawyer answers

    I am not licensed to practice in New York. For that reason, you should consult with a New York probate attorney. However, from general probate principles it is unlikely that it will matter that your mother lived with you, since you acknowledge that the china was hers and not yours. However, general rules of intestacy (the rules that apply when someone dies without a will) would not give your aunt any claim to your mother's property since your mother left at least one surviving child (you)....

    1 person marked this answer as helpful

  7. What can I get that is stronger than a general power of attorney

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    You don't indicate whether your parents are capable of executing new legal documents. If they are, they might want to consider a living trust which names you as a trustee or co-trustee of the trust. Once they have executed a living trust they can then transfer the accounts and other assets to the living trust. As a trustee or co-trustee of the trust, it is my experience you will have less resistance from banks and other institutions than you have found as agent under a power of attorney....

    1 person marked this answer as helpful

  8. Can I sell my LLC Company with out a lawery

    Answered almost 5 years ago.

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

    There are a lot of variables in selling your LLC that can't be addressed in this answer. Generally, you can transfer ownership of a limited liability company to someone else by transferring your membership interests to that person. While transfer of membership interest can be done through an assignment, it's best to have a contract that sets out the details, such as what debts of the LLC are being assumed as part of the purchase. When someone takes over full ownership of an LLC, they also...

    1 person marked this answer as helpful

  9. New ein?

    Answered almost 5 years ago.

    1. Kendall A VanConas
    2. Karen L Brady
    3. Steven J. Fromm
    3 lawyer answers

    Ms. VanConas' answer is correct if the trust was a revocable trust that used the settlor's social security number as the trust EIN prior to the settlor's death. However, if the trust was an irrevocable trust and already had an EIN separate from the settlor's social security number, then you would continue to use the trust's existing EIN.

  10. My father died without a will. His only asset was our house, can the probate court make me sell it to pay his debts?

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    There are some unstated facts to your question that will affect the answer. If your father was the sole owner of the house, the estate will be obligated to pay your fathers debts out of the estate assets. If the house is the only estate asset, then the debts must be paid from the equity in the house. That may involve selling the house or getting a mortgage that allows you to pay the debts out of the mortgage proceeds. However, if you and your father were joint owners on the house it may...