Michael Ross Lykken’s Answers

Michael Ross Lykken

Carmel Lawsuit / Dispute Attorney.

Contributor Level 11
  1. How long can a trust be kept going after the second spouse dies?

    Answered over 1 year ago.

    1. Michael Ross Lykken
    2. Michael Raymond Daymude
    3. William Martin Burbank
    4. James P. Frederick
    5. Amanda Marie Cook
    5 lawyer answers

    California has statutorily prohibited indefinite trusts. California Probate Code Sections 221200-21231 basically provide that a trust has to terminate 90 years after creation, or 21 years after the death of the last beneficiary of the trust alive when the person creating the trust dies. This is a variation of the Rule Against Perpetuities.

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  2. I WORK FOR A DELIVERY COMPANY IN SAN JOSE CA. THEY HAVE ME DELIVERING PACKAGES WITH ILLEGAL DRUGS IN THEM. WHAT SHOULD I DO

    Answered over 1 year ago.

    1. Judy A. Goldstein
    2. Neil Pedersen
    3. Michael Ross Lykken
    4. Mark Alan Mackin
    5. Jonathan H Levy
    6. ···
    6 lawyer answers

    I agree with the other attorneys. You don't want to be caught up in this if the police catch on to the trafficking. You may be able to approach the police ( or the FBI since the mail is involved) and avoid prosecution since you brought this to them and would have to be involved in a sting of some sort I imagine. It would definitely be worthwhile to talk to a criminal attorney. You could always call the Santa Clara county bar association or the public defenders office and see if there are any...

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  3. Does a business legally have to purchase a business license in every city or town in which they provide service in California?

    Answered over 1 year ago.

    1. Michael Ross Lykken
    2. Pamela Koslyn
    3. Eric Jerome Gold
    3 lawyer answers

    You only need a business license for the city in which your business is physically located. You may serve other areas, but you don't have to get a license for each individual area you serve.

    8 lawyers agreed with this answer

  4. LLC Formation

    Answered over 1 year ago.

    1. Jeff Hoang Pham
    2. Michael Ross Lykken
    3. Eduardo Guillermo Sanchez
    4. Nicholas Duane Myers
    4 lawyer answers

    If by record you mean recording a document with the county recorder, there is nothing to record. You need to file the Articles of Organization with the Secretary of State. Depending on the type of business, you may need to apply for a business license. You may also need to apply for a sales tax permit or other administrative permit. In any case, there is nothing to record with the county recorder. Good luck!

    7 lawyers agreed with this answer

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  5. My estranged husband said he would file taxes jointly even though i filed single, so he can get a tax break, what repercussions?

    Answered over 1 year ago.

    1. Michael Ross Lykken
    2. Hillary Johns
    3. Christopher Michael Larson
    4. Nathan Carr
    4 lawyer answers

    He would definitely be in lots of trouble if he forges your signature on a tax return. If you are still married, you works file your return as Married Filing Separately. The IRS would probably catch the two returns being filed for you, so there most likely would be an investigation. As long as you file your return properly, I wouldn't worry too much. He would much more to worry about.

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  6. Our small independent church is closing and has IRS and business questions.

    Answered over 1 year ago.

    1. Michael Ross Lykken
    2. William Martin Burbank
    3. Curtis Lamar Harrington Jr
    3 lawyer answers

    I agree with Attorney Burbank. Your church's Articles of Incorporation should tell you where the remaining assets should go once the debts are paid. You won't need to file anything with the IRS, but will need to file a certificate of dissolution with the Cal. Secretary of State, and will need to contact the Cal. Attorney General Registry of Charities for a confirmation letter that there are no assets. That letter will need to be provided to the Secretary of State along with the certificate of...

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  7. Can a partnership use one of the partners as a subcontractor that provides the labor?

    Answered over 1 year ago.

    1. Peter Collins Freeman
    2. James Carl Eschen III
    3. Michael Ross Lykken
    4. Matthew Erik Johnson
    4 lawyer answers

    Your explanation of the question somewhat confuses the question. A partner in a partnership can't receive W-2 wages for work done on behalf of the partnership. Instead, the partner receives self employment income and has to pay self-employment tax, much like a sole proprietor. If a partner has a business the partnership can hire that business to provide services to the partnership. It almost sounds like you are envisioning a situation in which the partner has a company that essentially...

    6 lawyers agreed with this answer

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  8. Can a similar California Corporation sue another for Identidy theft, because we have similar Corporate Names?

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Michael Charles Doland
    3. Michael Ross Lykken
    4. Jonathan H Levy
    4 lawyer answers

    I agree with attorneys Daymude and Doland. The police need more than just similarity in names to arrest you, so you should contact a criminal attorney immediately. If you have used your corporation's corporate name and information for everything, I would think a good criminal attorney could resolve this pretty quickly. Good luck!

    6 lawyers agreed with this answer

  9. Can my former employer forbid me from working to one of his clients?

    Answered over 1 year ago.

    1. Benjamin Davidson
    2. Michael Ross Lykken
    3. Frank Wei-Hong Chen
    4. James Carl Eschen III
    5. David Andrew Mallen
    5 lawyer answers

    It would be very difficult for your former employer to keep you from working for the client. California doesn't like most non-competition clauses (or anything resembling non-competition clauses) and there is a right to practice your craft. So unless you were a partner in the former business, there isn't much chance the former employer can keep you from working on the client. It may not hurt to have an attorney review your employment contract and severance agreement with your former employer...

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  10. Can I stay inside my house during construction?

    Answered over 1 year ago.

    1. Michael Ross Lykken
    2. Hillary Johns
    3. Vincent J. Gallo
    4. Chi Leung Ip
    4 lawyer answers

    There aren't any codes prohibiting living in a house during construction. However, depending on the scope of the construction it may just not be feasible to do so.

    6 lawyers agreed with this answer