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Tamara Lynn Harper

Tamara Harper’s Answers

35 total

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

    Should a probate case be postponed, until the civil case is decided? When is a Spousal Property Petition and Order filed?

    Tamara’s Answer

    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 I need a trademark for my photography work when selling it online/offline and do I have to copyright each and every image?

    I want to start selling my photography work, and have a name for an online/offline store. Do I need to trademark the name for posession, and do I hav to copyright each and every image I take, and have already taken?

    Tamara’s Answer

    Yes, you should and need to file a copyright registration for each of your photographs. You may do such with the U.S. Copyright Office. The filing fees are nominal.

    If you own a domain name and are only using such in the capacity of a domain name or business name, generally such use would not qualify for trademark registration with the USPTO. You may find more useful information on Copyrights and Trademarks upon the weblinks that I have included for you.

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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?

    I am starting an online business. I will be dropshipping the products out of the Midwest so I will not have any actual business taking place at my home - everything will be done online. I was told as long as I did not have a physical business in...

    Tamara’s Answer

    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 own set of laws that you need to comply with in addition to federal laws too. There may be sales tax issues that you need to discuss with your CPA. You are correct in that having a foreign LLC may cost you in duplicative fees, as you need to be registered in California as a corporate entity. It is a common myth that you can do business in California and incorporate in say, Nevada or Delaware and somehow avoid California rules and regulations.

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  • If someone passed away in one state and had real estate in California, do they have to file probate?

    My in-laws mother passed away 2 years ago and left her son as the exec. of the will, as well as the benefactor. Probate took place in the state that she died in and all was squared away by the courts there pretty quickly. However, she has real e...

    Tamara’s Answer

    Yes, you need to file a probate in California to transfer the real estate to the beneficiary (ies). A probate is filed through the courts with the applicable fees paid. The type of probate depends upon the appraisal value of the property at the time of death e.g. summary, or full etc. The California probate is based upon the value of the property in California. The title to the California property cannot be transfered with a probate order. Without clear title, you may not do anything with the property e.g. refinance, sell, encumber, etc. The probate would be filed in the County the property is located.

    A trust would have avoided a probate.

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  • Do I need to change my trust?

    Have a living trust set up when I lived in CA. Now living in Texas. Do I need to change the trust because of the community property laws of Texas?

    Tamara’s Answer

    Yes. You should have a new trust in the state that you reside. However, if you still have property in California, your first trust should remain in force and effect. I recommend that you seek the advise of Texas counsel with respect to the requirements that state for estate planning. As far as California is concerned, make sure that the California property you own is funded into the trust e.g. the deed to any property is in the name of the trust and the deed is recorded properly.

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  • Can i sue the trustee and the person who used the trust for personal gain?

    There are 16 of us in the trust, we were not listed by name just as heirs. The trustee let one of the 16 use the property, by use, she rented the property and collected all the rent for herself never giving a dime to the trust or the trustee. The ...

    Tamara’s Answer

    The terms of the trust need to be reviewed by an attorney to give you an exact answer. It needs to be determined whether or not their was a duty to account and if so, were the accountings done. You need to determine who the successor trustee is and have accountings done. You also need to determine whether or not the trustee served under a bond. The trustee has a fiduciary duty to the beneficiaries. If that duty was breached, then you may pursue the matter in court. You may petition the court to remove the trustee. You may pursue the bond, if the trustee is found liable by the Court. There may be a wasted asset issue, if no rents were collected. As far as the "what if scenario" you present, the damages are just too vague and speculative. I recommend that you seek the advice of independent counsel as soon as possible.

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  • Wills and 90 year grandparents?

    We live in the state of CA and I have a biological grandfather and a step grandmother, they are 90 years old. There are 2 man who have befriended them and we are concerned that these 2 man had them draw up a will and leave them everything. If we a...

    Tamara’s Answer

    I would fie a police report, if you are concerned about these two men and elder abuse (financial or other). If you do not know them, they should not be in the home and may be trespassing. I would also contact or inquire from the police station about a public conservator looking into the matter or having the police report the incident(s) to the District Attorney's office for investigation. You could also inquire of their primary care physician (which would require a HIPAA Declaration from your grandparents giving consent) if the Dr. feels that they are competent to handle their own financial affairs. If they are not, I would strongly recommend that you file a Conservatorship of the Person and or Estate, as appropriate in the county they live in to protect both their person and estate. If the Doctor feels that they are incompetent and have been some for quite some time, including the time the will was drafted, it may be void or voidable in Court. I recommend that you seek independent legal advice from a local attorney in your area immediately.

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

    I currently have a Nevada LLC that contains my rental properties in Nevada. My rental properties are being managed by a Nevada Property Management firm and the banking for the property is in Nevada. Since I live in California and my Nevada LLC d...

    Tamara’s Answer

    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 and white answer.

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  • Do I need to file the reservation of name if I am filing paperwork for incorporation?

    I am Starting a Charitable organization and am filing all the paperwork. I am about to file all the paperwork, but is it necessary to file the reservation if name if I cam filing the paperwork for incorporation in the same day?

    Tamara’s Answer

    I recommend that you file a name reservation, as the cost is nominal (under $20). You will want to avoid a rejection and then have to redo all of your paperwork. Even if you have done a name search on the state database, another entity may file the same day and you would stand to have your paperwork rejected.

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  • Will I have to move because of a restraining order?

    somebody i had a recent inappropriate encounter with works at the apartment complex i live. his wife and him broke into my house and attacked my family, and out of respect for the economy we didnt press charges. after waiting several months so i c...

    Tamara’s Answer

    A civil restaining order under the Domestic Violence Prevention Act is very serious. You will need to comply with all of the court orders on the Restaining Order After Hearing form as served upon you. If the party has gone into court on an ex parte (or emergency) basis and received a TRO, or temporary restraining order, you will need to comply with all of the provisions of the order. The TRO application may not have accurately conveyed whether or not you lived in the same complex or workplace. Generally the Court will make exceptions for certain areas and limit the distance e.g. 100 feet. Generally restraining orders are 100 yards, not 500 as you indicate. I recommend that you seek immediate legal representation since their are implications upon your livelihood and living arrangements. You will need to indicate at the return hearing that you live in the workplace of the individual and ask the Court to take such into consideration. I also recommend that you fight this with counsel, as the final orders could ultimately result in your moving out of your home.

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