Scott W. Meier’s Answers

Scott W. Meier

Lander Estate Planning Attorney.

Contributor Level 6
  1. Can a minor open a DBA account?

    Answered 27 days ago.

    1. Scott W. Meier
    2. Kelly Scott Davis
    2 lawyer answers

    The two boys do not have legal capacity to open a bank account. That is why the bank requires an adult (i.e., parent) to be on the account. The same holds true regarding the writing of checks from the account. Based on their age, they would not have the legal capacity to write and/or sign the checks. Theoretically, the boys could issue a check and then, upon turning 18, demand that the payee return the money because the payor lacked capacity to issue the check.

    1 lawyer agreed with this answer

  2. How long after a person dies does the willand or trust needs to let people in it know what they will receive

    Answered about 2 years ago.

    1. Lawrence A Friedman
    2. Scott W. Meier
    3. David L. Carrier
    4. James P. Frederick
    4 lawyer answers

    It depends on whether it is a Will or a Trust. If it is. Will, the process is governed by the Wyoming Probate Code. These statutes require the filing of the Will (10 days from the date of death) and then administration. Court supervised administration, I.e. probate, is required for any net probate estate valued at more than $200,000. Probate involves the marshaling or gathering of all the estate assets, making an inventory of those assets (as of the date of death), paying all valid...

    1 lawyer agreed with this answer

  3. I'm a lien holder on a vehicle. Trying to get it back due to non payment. What can I do to get the vehicle back.

    Answered 27 days ago.

    1. Scott W. Meier
    1 lawyer answer

    Since the debtor is in default, I would seek a Writ of Replevin from the Court. A Writ of Replevin tells the court that you are entitled to the vehicle based on the default and would like the court to assist in getting it. The court will set a hearing date and ask that you serve the debtor with notice of the date of the hearing. At the hearing, the court will ask the debtor why the court shouldn't issue the writ. It has been my experience that typically, the debtor either fails to show or...

  4. I'm a PR, what document do I file to seize a commercial vehicle that is part of the estate, but the person refuses to deliver it

    Answered 27 days ago.

    1. James P. Frederick
    2. Robert S. Zawideh
    3. Sean Michael Colonna
    4. Robert William Haley
    5. Michael Joseph Kotarski
    6. ···
    6 lawyer answers

    You may want to consider a Writ of Replevin. Replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession. It is a legal process where a court may require a defendant to return specific goods to the plaintiff at the outset of the action (i.e. before judgment). Whether the person fights the replevin action is another matter. Typically, I have seen most defendants default by not showing up, allowing the court...

    1 lawyer agreed with this answer

  5. I was named executor of my mother's estate. All consent forms were signed except one. She refuses to sign because she said she

    Answered about 3 years ago.

    1. Scott W. Meier
    2. Kelly M. Shovelin
    3. Eliz C A Johnson
    3 lawyer answers

    I am not sure what you mean by consent forms, but if she is unwilling to cooperate, you may need to have a hearing before the probate court to finalize the estate. I suppose she could contest the Will (usually, the statues provide a time limit in which to file such an action), but she would have to prove either a mistake occured (e.g., your mother thought she had passed away) or that your mother intended to give her something, but was subject to undue influence. Both would be very difficult...

  6. Are there any free templates to create a single owner llc operating agreement?

    Answered almost 4 years ago.

    1. Frank Wei-Hong Chen
    2. Pamela Koslyn
    3. Dana Howard Shultz
    4. Scott W. Meier
    4 lawyer answers

    You could call an attorney, but remember, their work, time and advice is their stock in trade, so most would be reluctant to give you one of their forms. I would look on the web or at your local library. I would also check a law library with your local courts. Our Supreme Court has an extensive law library that does include some form documents. If you have a las school close by, see what they have in their law library. Remember, the time you spend with a local attorney in drafting your...

  7. I am a co-signer on a car loan and the bank is taking me to court. What can I do?

    Answered almost 4 years ago.

    1. Scott W. Meier
    1 lawyer answer

    Generally, the bank will take the path of least resistance. I would consult with a local family law attorney and see what your options are with respect to the divorce, especially if the court has already entered a decree of divorce. I would also review the loan documents to make sure the terms of the loan were not changed from the time you signed as co-signer to the point of collection. The next thing I would do is to make sure the bank has taken reasonable steps to collect from the...

  8. Mother died without will has four siblings who does property get divided

    Answered almost 4 years ago.

    1. James P. Frederick
    2. Janet Lee Brewer
    3. Scott W. Meier
    3 lawyer answers

    If your mother died without a Will, she died intestate. That means the state's intestacy statutes will govern how her assets are distributed. Distribution is often determined by who survives her (i.e., spouse, parents, children, etc.) If it was your mother, you may be entitled to some of her estate. You should check with an attorney in your location. As to the trust question, a trust is durable if you are refering to whether it is effective after the death of the settlor (the person...

  9. My sister was executive over my mothers will, she did not list the 32,800 that was in a safe deposit box . How do I get my half?

    Answered almost 4 years ago.

    1. Scott W. Meier
    1 lawyer answer

    It appears your sister is unwilling to cooperate. As such, you may need court assistance. If your sister has opened a probate estate, as the executor / administrator / personal representative, she needs to file an inventory. This is where the executor / administrator / personal representative should list $32,800. If the inventory is incomplete, send your sister a letter and ask for an explanation concerning the omitting of the cash. If she acknowledges omitting the cash but refuses to...

  10. Trust/Estate/Contract question.

    Answered almost 4 years ago.

    1. John Rogers Burk
    2. Scott W. Meier
    2 lawyer answers

    It appears you have an oral contract. The problem with oral contracts is defining the terms of the contract. That is especially true since the person with whom you have contracted has now passed away. Some states allow creditors to open probate estates. Assuming you can establish the existence of the oral contract and its terms, you as a creditor could open a probate estate and file a creditors claim seeking payment on the contract. Timing is critical, so don’t delay. You may be able...