William F Nichols’s Answers

William F Nichols

Nampa Government Attorney.

Contributor Level 7
  1. Which would be better? to sale my house to my daughter for $1.00 or leave it to her in my will.

    Answered 21 days ago.

    1. Tony Roy West
    2. William F Nichols
    3. Daniel Anderson Hauffe
    4. Daniel James Reed
    5. Richard Glenn Elie
    5 lawyer answers

    I am sorry to hear of your terminal condition. You are wise to work through these issues while you are still alive. I recommend that you sit down with a knowledgeable estate planning attorney to discuss your facts in greater detail. There are income tax differences between selling your home for a nominal amount and waiting until after you pass. There are issues of whether selling your home for $1 is a fraudulent transfer designed to defeat creditors that would create more trouble for your...

    8 lawyers agreed with this answer

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

    Answered 29 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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  4. My sister in washington state is legally separated. can her spouse claim any monies left to her in my mother's will ?

    Answered about 2 months 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

  5. 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

  6. Dealership wants the car back after 10 days purchase period.

    Answered 18 days ago.

    1. Ryan Adam Ballard
    2. William F Nichols
    3. Paula Brown Sinclair
    4. Helena Kempner Kobrin
    4 lawyer answers

    You need to thoroughly read all your documents. The sale may have been "subject to credit approval" which included verification of all the sources of income you listed on the credit application. No one can really answer your question without a careful reading of all your documents. Good luck

    2 lawyers agreed with this answer

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  7. I need some help clarifying ORS 94.650 (3) Special meetings of an HOA. We are in the process of a recall for the entire Board

    Answered 21 days ago.

    1. William F Nichols
    1 lawyer answer

    ORS 94.650(3) gives you the right to call the meeting if the Board does not do so within 30 days of receipt of your request signed by the required number of homeowners. Subsection 4 says the Secretary of the Board has to mail out the notices of the meeting. If the Secretary refuses to do so you have two options. You can hire an attorney to file suit asking that the court order the Secretary to comply with the law, or you can serve the notice of the meeting yourself. The latter is somewhat...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered 29 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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  10. Will putting a car into a Revocable Trust avoid the owner having to take a driving test after moving to a new state?

    Answered about 2 months 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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