Tamara Lynn Harper's Answers

Do I need a Californa Certificate of Qualification or Statement of Foreign Corporation for my Nevada LLC because I live in Calif

I would recommend that you register your Nevada corporation in California as a foreign corporation. You will need to have a Certificate of Good Standing from Nevada. This filing will trigger compliance with the California Corporation laws and annual filings etc. I recommend that you seek the advice of counsel in order to consider whether or not your are doing business within this state and to consider many other necessary factors in considering this registration. It is not a simple black...

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I have a DE LLC for my online business. I live in CA - do I need to have a CA LLC as well?

You most likely do not need to create another corporate entity. However, you need to register your LLC as a foreign LLC doing business in California. If you are engaging in business from California in any capacity whatsoever e.g. monitoring your online sales, managing the business, you are doing business in California. Online businesses are tricky and subject you to the jurisdictions that you do business in e.g. other states you sell or offer your products to. These states each have their...

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Does Mom need to go through probate for the house (or stocks, cars) if it's in her name and her husband's. He recently died.

Probate procedures in California are complicated. Your step father passed intestate, or without a will and a probate will need to be filed. Under the probate code, family relations of certain degrees must be notified. The children will need to be notified. If all of the assets are community property, then you mother will inherit as spouse. However, if there are any assets held in joint tenancy or separate property, your mother may not be entitled to those assets in their entirety. I...

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Removing my name from a corporate

You will need to resign an corporate officer and Board member, as appropriate (no form, just a letter dated and signed). You will need to transfer your stock shares to the remaining shareholder - sign the back of your stock certificate. Make sure the stock transfer ledger is updated. You will need to file a new Statement of Information with the California Secretary of State (no filing fee if amended already filed annual statement) to remove you as officer, board of director and...

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What if the lawyer pass away and we need to find out if there is a copy of trust (will).

When a lawyer passes away in California, the State Bar of California has specific notification procedures and rules and regulations. You may contact the State Bar of California and advise them of your situation. You may also contact or go online to the Ventura County Superior Court (presuming the Attorney passed in Ventura County) and type in the name to determine if a probate has been filed. If it has, you will need to contact the estate representative or his/her attorney. They will be...

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Does a pending probate case, override a civil case involving real property?

You need to be presented by counsel in California probate court, as the process is complicated. There are no enough facts of your case presented. I strongly recommend that you advise the judge in each court e.g. probate and civil of the related case in the other courtroom. A probate case (if there was a will or no will) is required to be filed within 45 days of the death of the decedent.

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DO OFFICERS SALARIES AND BONUS HAVE TO BE GIVEN IN DOLLARS IN THE BOARD OF DIRECTORS MINUTES

No you do not need to set forth specific amounts of officer and board member salaries within the board of director annual minutes. The State of California requires certain items to be prepared on an annual basis. We refer to this as annual corporate compliance and/or governance. The Board of Directors must have annual meetings and minutes as well as the Shareholders. Please review your Bylaws to determine when this meeting is to be held and the notice requirements. The main purpose of the...

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What are my obligations to the trademark holder?

Copyright protects “original works of authorship” that are fixed in a tangible form of expression. If the person is objecting to the name of the train, then I do not see the legal problem presented. I recommend that you show the letter to an attorney for specific advice. I would however, expect that the person objecting is claiming copyright rights to the photo itself. Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation,...

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Power of attorney? Next of Kin? Father is in hospital under full sedation, can not speak, is not coherant, is on ventalator!

I am sorry to hear about your father. A power of attorney would allow to act for him on his behalf financially and perhaps medically, if you also had HIPAA Declaration, and Durable Power of Attorney for Health Care. Unfortunately, you cannot obtain these documents, as your father is unable to have them prepared for him and sign them. You cannot do so for him. When he recovers, he may then seek out these documents in addition to other estate planning documents. You may be able to apply for...

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What obligation does a BORROWER have in the event that a death occurs with the LENDER in a simple loan agreement?

The borrower's estate is liable for the payment to the lender in the event of death of the borrower. The same holds true for the lender's estate. The lender's estate may continue to collect from the borrower. This is generally done through the probate court (in the event of a will or intestate succession (no will) or through the trustee in the trust administration. The borrower will need to contact the estate representative to determine correct payment contact information. You may also go...

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