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Matthew Murillo
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Matthew Murillo’s Answers

2,856 total


  • Revoking power of attorney

    I want to revoke my power of attorney. Can I put a identity theft statement saying my ID has been stolen and record it to title?

    Matthew’s Answer

    If the person has power of attorney and you simply want to revoke, you cannot just claim ID theft without committing fraud. If that person used the power outside of the power given, you may have a leg to stand on as far as fraud goes.

    Otherwise, let that person know, in writing, that you are revoking

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  • With the DMV win, should I pressure back and not plea (and go to trial)? Just want this to go away...

    Six months ago received a DUI while parked (.17 blood) and had not been driving for more than an hour. Another hour plus went by before actual breath test and more time to the blood test. Attorney won DMV hearing based on no proof I was actually...

    Matthew’s Answer

    Sounds like you should be discussing the case with your attorney. What are the strengths of your case, beyond no driving? How high was BAC? That may be one reason the DA won't dismiss - if BAC is so high that they believe there is no way you couldn't have driven intoxicated based on the circumstances.

    Your attorney would be in the best position to advise whether the case has a shot at winning if you go to trial

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  • Looking for legal counsel to begin process of opening a wine bar. regarding licenses, laws, etc including retail of food.

    Opening a wine bar and looking for legal counsel to guide me through the process from beginning to end. Location for wine bar will be Los Angeles, CA.

    Matthew’s Answer

    While we cannot solicit on Avvo, I would suggest you contact some business attorneys that offer general counsel services. Generally, these are membership services wth preset monthly fees that help business get off the ground and offer ongoing support. Overall, you'll find these to be better suited for your ongoing legal needs because of the accessibility to your attorney they offer, while capping costs.

    If you would like to see what something looks like, feel free to check out ours at: http://www.murillolawfirm.com/small-business-general-counsel-services/

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  • How do I leave money to my minor child?

    I have a few retirement accounts and some individual accounts, that I would like to make sure goes to my five year old daughter if I die. I am currently in my second marriage. Her father is my first marriage. How can I guarantee that whatever I ha...

    Matthew’s Answer

    Ideally, you would create a trust in him in the trust is the beneficiary of the policy is. That way should something happen to you while your child is a minor you can avoid going through the probate process. That said, if you expect any confrontation issues or any contest issues, it may be wiser for you to set up they will base the state plan to accomplish her goals.

    You should consult with an attorney about your planning objectives and go from there. At least that way you'll have a better idea what you should prepare for and how to best plan for your goals.

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  • What is the next step that I should take?

    I would like to start a business selling clothing online. I have a domain and an ecommerce account. What do I need to do next for setting up a business license, trademark, etc.? I would eventually like to open a physical location.

    Matthew’s Answer

    I would suggest you do so under a formal business entity, to help shield your personal assets from liability.

    Once you create your entity under the right structure,you will then need to obtain proper business licensing and filing of appropriate DBA's as needed. Trademarking the important branding aspects of your business will be important to get done, but not necessary to happen before opening. You will need to show use of the pieces you wish to register.

    Finally, you need to figure out how/where you will source your products from and start negotiating with those companies.

    Ideally, you should find an attorney that you can build an ongoing relationship with to act as general counsel and ensure your continued compliance with local, state and federal laws.

    For more info about General Counsel services, take a look at this site: http://www.murillolawfirm.com/small-business-general-counsel-services/

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  • Can I be charged for dui when no officer ever saw me in a vehicle while intoxicated at all?

    I was arrested and charged with a DUI. I was at a friends house when a physical altercation too place and a neighbor called the PD. When the poll d showed up I was standing by the road waiting for a friend to show up and take me home. The police w...

    Matthew’s Answer

    Try and reverse the roles now and see how good of a friend you have.

    Despite the fact that no one saw you driving, you admitted to driving. Depending on the BAC level, the DA will use the admission against you to prove the act of driving. The only way around is to get your friend to admit she drove....then you have an interesting situation. One is arrested for DUI, then public intoxication, then admits to the DUI. The other, the reverse.

    Best to get a lawyer and don't try to do this on your own b

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  • Help me understand diversion dismissal?

    Good day! First, I am living out of state now and my PD is frustrating and not corresponding with me. I have just completed my 90 day diversion program (1 - 6 hr class and to stay out of trouble). Monday 2/8/16 is the date that was set for senten...

    Matthew’s Answer

    If Monday is the sentencing date, the DA has probably already filed paperwork with the court. Look in the court website, you can also request a copy of the dismissal request...or just call the court.

    The DA is usually pretty good about filing dismissal for these about 1-2 weeks ahead of time

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  • 1981 to 1984 I got 4 DUI`s. I was suppose to go to 18 month class. I went about year and got incarcerated. I tried to get driver

    1981 to 1984 I got 4 DUI`s. I was suppose to go to 18 month class. I went about year and got incarcerated. I tried to get driver license 2016 ,35 years later. I was refused till I complete 18 month class. Is there a way this can be waived or I get...

    Matthew’s Answer

    Unfortunately, there is no way around this requirement.

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  • Is there any circumstance in which a will (not a trust) can be written up to avoid probate?

    Not being provided any visibility to my fathers will by stepmother and thinking I have to get it via probate (if it went through it).

    Matthew’s Answer

    I Will, alone, will never avoid probate. However, if one was made, it should be filed with the probate court, therefore, you should be able to access if probate has already been opened.

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  • Will a Probate hearing be necessary to be deeded the property or is he entitled to the property via natural cessation.

    I have a semi literate friend in San Bernardino county, California whose only income is disability social security. He has lived on the same property parcel for over 40 years. The adjoining parcel (zoned sfr) is vacant. His deceased grandmother...

    Matthew’s Answer

    If the property owners died intestate, yes, a probate will be needed to have the property transferred to him.

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