Matthew Gordon Brown’s Answers

Matthew Gordon Brown

Irvine Estate Planning Attorney.

Contributor Level 6
  1. Legal way to divert inheritance check to others that would hold the inheritor harmless in the eyes of the IRS?

    Answered over 3 years ago.

    1. Steven Alan Fink
    2. Henry Daniel Lively
    3. Matthew Gordon Brown
    3 lawyer answers

    You have two good answers already. Definitely a qualified disclaimer. Don't lose sight of the nine month deadline, and hire a competent estate planning attorney. This is not a do-it-yourself task.

  2. My sister & brother took my mom (who had dementia) to a lawyer & removed my name as co-POA/exec. She passed away. What can I do?

    Answered over 3 years ago.

    1. Mitchell Paul Goldstein
    2. Matthew Gordon Brown
    2 lawyer answers

    Before you can craft an inexpensive approach, if ever, you need to gather more facts. I suggest you research what Virginia law requires them to provide to you and when (copy of will/trust and/or accounting or will/trust inventory). Then send them a letter requesting whatever you are entitled to. If they do not cooperate, you will probably need a lawyer to file a petition in probate court to ask the judge to force their cooperation in providing the requested information. If they were...

    1 person marked this answer as helpful

  3. Just started a SMLLC and have decided for tax purposes I would like to transfer ownership to my spouse.

    Answered over 3 years ago.

    1. Matthew Gordon Brown
    2. Henry Daniel Lively
    2 lawyer answers

    Your EIN will not change. Also, you have the option of continuing to treat the LLC as a SMLLC or as a partnership for tax purposes if just your spouse owns the remaining interest. As to transferring interests, you just need to prepare a membership transfer document. Your state may also require that something be recorded with the secretary of state. Hire a good business/tax lawyer as soon as you can afford one. Some of the most painful decisions long-term are bad choice-of-entity...

  4. My older sister is the executor of my mom's estate and she may be terminally ill

    Answered over 3 years ago.

    1. Jeffrey L Crown
    2. Matthew Gordon Brown
    2 lawyer answers

    You used the term executor, which suggests a will is involved (the office would be that of trustee if this were a trust). In many wills and/or trusts, there is a provision that provides for trustee succession in the event of incapacity. Take a look at the document to determine who the successor trustee is and how incapacity is proven. Some documents require two doctors' letters. But you cannot force your sister to be examined, so that standard doesn't help. Other documents provide that if...

  5. What can I do with a father who has diagnosed dementia and his lawyer who is seemingly unethically protecting him?

    Answered over 3 years ago.

    1. Edward Joseph Smeltzer II
    2. Matthew Gordon Brown
    3. James Preston Alder
    3 lawyer answers

    Perhaps your brother who holds the power of attorney needs to get involved and take control of Dad's accounts. I suggest you contact an elder care consultant who can help evaluate Dad's mental capacity and make recommendations for changes. I don't know any in your area, but LivHome might have some folks nearby who could help. Your brother who holds the power of attorney may have the power to file a complain against the lawyer with the California state bar association.