William F Nichols’s Answers

William F Nichols

Nampa Government Attorney.

Contributor Level 7
  1. Purchased 2 single family dwelling rentals in my name only as a married man. Put them in my LLC. Is wife covered if not on LLC?

    Answered 4 months ago.

    1. William F Nichols
    2. Lincoln David Strawhun
    3. William Anthony Massarweh
    3 lawyer answers

    There are several potential problems here. Do you have children? Are any of them from a previous marriage? Since Idaho is a community property state federal tax law allows the LLC to be a "disregarded entity" for taxation purposes and that may be the simplicity that your accountant was considering but from an estate planning perspective there are real problems and potentially expensive ones. Run and do not walk to a competent estate planning lawyer. There are excellent ones in that part of...

    4 lawyers agreed with this answer

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  2. Is a new husband of a beneficiary now entitled to a percentage of an estate opened BEFORE marriage happened?

    Answered 7 days ago.

    1. William F Nichols
    2. Gregory Paul Benton
    3. Zaher Fallahi
    4. Ruth Elaine McMahon
    5. Christine James
    6. ···
    6 lawyer answers

    The answer is no. The right to inherit was vested at the date of death and she is entitled to all of her share. You don't say where the beneficiary resides but even in a community property state like CA an inheritance is separate property and the new spouse has no interest in the other spouse's separate property.

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  3. My sister in washington state is legally separated. can her spouse claim any monies left to her in my mother's will ?

    Answered 26 days ago.

    1. William F Nichols
    2. Chris Gray
    3. Lawrence A Friedman
    4. Carol Ann Hunter Peters
    4 lawyer answers

    Washington is a community property state and under community property laws, generally an inheritance is treated as separate property, not community property. You say your sister is legally separated but are you sure? Is there a court judgment or decree? It may not make a difference but to fully answer the question your sister should seek legal advice from a Washington family law attorney. On the disability eligibility question it depends on what type of disability your sister is receiving....

    5 lawyers agreed with this answer

  4. Question on descendants in my will

    Answered about 1 year ago.

    1. Ryan Wesley Collier
    2. Diane L Gruber
    3. Joseph Franklin Pippen Jr.
    4. William F Nichols
    4 lawyer answers

    As presented the will does not need to be changed to have the residue go to the two surviving children. The language could be made more clear and that would be accomplished through a codicil as suggested by Attorney Collier, or, perhaps a new will may be better. Depending on the circumstances there may be other changes and updates that make a new will a better option. You are wise to ask these questions and resolve them. A visit with an estate planning lawyer will be time and money well spent.

    3 lawyers agreed with this answer

  5. What kind of attorney do I need, legal options can I pursue?

    Answered 3 months ago.

    1. William F Nichols
    2. Thomas Martin Morningstar
    3. James Haugen
    3 lawyer answers

    You need a business litigation attorney. In general terms, absent something in writing to the contrary, both of you had some management rights over the property. There are some statutory provisions and case law that pertain to this situation. A competent business litigation attorney can help sort out the relevant facts and advise you regarding your ability to seek what is called an "accounting" of the income and expenses for the rental. This is definitely the kind of case where you will...

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  6. Hi, what is the average attorney fees for probate? How is the lawyer fee calculated? Is it based on gross amount of assets?

    Answered 7 days ago.

    1. Gregory Paul Benton
    2. Christine James
    3. William F Nichols
    4. Philip Palmer Lindsley
    5. Harold Kent Prukop Jr
    5 lawyer answers

    The best thing you should do is sit down with an experienced probate attorney, discuss the nature of the property that will be the subject of the probate, whether the decedent has creditors, is there likely to be a will contest, etc. Only then can you make a decision about whether to file a probate using some forms sold by an outfit that by law cannot give you any advice on how to fill out the forms. Most attorneys handle probates either on a flat fee basis or an hourly basis. Get that...

    3 lawyers agreed with this answer

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  7. Will putting a car into a Revocable Trust avoid the owner having to take a driving test after moving to a new state?

    Answered 28 days ago.

    1. Clinton Hugh Wilcox
    2. William F Nichols
    3. Justin Eric Elder
    4. Dana Whitney Atchley
    4 lawyer answers

    The law requiring a driver to possess a valid driver's license has nothing to do with who, or what, owns the vehicle being driven. So your mother's assumption is incorrect. Whether the car is in her name or the name of her trust she will need a valid license. Most states permit an individual to drive on their out of state license for only a limited amount of time before obtaining a driver's license in the new state. I am not a licensed Washington attorney so I don't know the exact time...

    3 lawyers agreed with this answer

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  8. What type of license do I need to launch a magazine locally in Idaho?

    Answered 4 months ago.

    1. William F Nichols
    1 lawyer answer

    Generally there is no license required for publication of a magazine in Idaho. There are copyright and trademark registration issues but those are federal requirements that would apply anywhere in the U.S. It would be smart to form a business entity, such as a limited liability company, or corporation, to publish the magazine. You would also need agreements with article writers, photographers, and graphic artists that permit you to use their works in your publication. Also be aware that...

    1 lawyer agreed with this answer

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  9. Is it legal to put vehicle or travel trailer in your adult child's name?

    Answered 12 days ago.

    1. William F Nichols
    2. Lucas Eric Rowe
    2 lawyer answers

    It generally is legal to put someone else's name on a title to a vehicle so long as the person doing so is not trying to perpetrate some sort of fraud by taking their own name off so as to hide the asset from creditors. Many older parents place a child's name on a vehicle or other asset as a way of avoiding probate. It is rarely a good idea. There are also potential liability issues that could haunt you if your in laws did not have insurance and were in a wreck. If your in-laws intend your...

    3 lawyers agreed with this answer

  10. My father passed away Nov 1st. He had insurance and a 401k. That was always going to the 4 of us his girls.

    Answered 12 days ago.

    1. Richard M. Kalinowski
    2. William F Nichols
    3. Christopher W. Vaughn-Martel
    3 lawyer answers

    You need to see a Massachusetts probate attorney as soon as possible. There are far too many facts and variables in this situation to be able to give you any kind of meaningful advice in this forum. There may or may not be anything you can do about what happened. But I guarantee that if you don't seek competent advice from a MA attorney you will be left where you are now.

    3 lawyers agreed with this answer