John Michael Goralka’s Answers

John Michael Goralka

Sacramento Trusts Attorney.

Contributor Level 7
  1. If someone promised to leave me a house and 30% of estate in a will, then his secratary claimed everything, can i sue the estate

    Answered almost 2 years ago.

    1. Edward Warren Goodson
    2. Rosemary Jane Meagher-Leonard
    3. John Michael Goralka
    3 lawyer answers

    Attorney Rosemary above may be a good resource for you as she identified the key issues. The strength of your case improves if you fully performed your obligation to care for him. In other words, your case is stronger if you cared for him up to the date of death or until he was placed in a care facility. You have then fully performed your obligation for care. The letter may contain sufficient language to be a contract. Even if not enough to constitute a contract, then that may still be...

    3 lawyers agreed with this answer

  2. Does the IRS still share information with the CA Franchise Tax Board?

    Answered almost 2 years ago.

    1. Evan A Nielsen
    2. Phillip Monroe Smith
    3. David Warren Klasing
    4. John Michael Goralka
    4 lawyer answers

    A Califonia taxpayer is required to report an IRS adjustment within 6 months. If you do so, FTB has 2 years to issue an adjustmnent or notice of Proposed Asessment. FTB has a separate unit referred to as the RAR or revenue agents report unit to do so. ( I was an auditor and hearing officer with FTB prior to my life as an attorney). If no notice is provided, then there is no statute of limitations and an assessment may be issued by the IRS at any time in the future with interest. A more...

    3 lawyers agreed with this answer

  3. Does challenging a successor trustee's self-determined compensation affect the estate?

    Answered almost 2 years ago.

    1. Bert Z. Tigerman
    2. Michael Raymond Daymude
    3. John Michael Goralka
    4. Daniel Mcgraw Little
    4 lawyer answers

    The 100 hourly rate is excessive. You can challenge the compensation without forcing a full probate. You should discuss this situation with an attorney. A formal challenge is filed in probate court for judicial review but that is not the same thing as a formal probate. Your sister will be able to use trust funds to defend that action unless you prevail. If she states in writing that the estate is otherwise ready for distribution, you may be able to force a distribution with a reasonable...

    2 lawyers agreed with this answer

  4. Do I need to file a DBA/Fictitious Business Name for a product/website?

    Answered almost 2 years ago.

    1. Armen Taslakian
    2. James Juo
    3. John Michael Goralka
    3 lawyer answers

    Both of the prior attorneys answers are correct. You should also consider filing for California tradmark protection. The cost is nominal and you will be approved more quickly. That will provide your first flag in the sand as to the use of your business name. The filing at the federal appears simple but is decptively complicated as you have many more alternatives in the classes and the manner of filng than can be discussed here. Your name is essential for braning and is well worth the...

    2 lawyers agreed with this answer

  5. If 3 siblings do not agree to appoint sibling that lives in house as the administration of the estate when petition in probate..

    Answered almost 2 years ago.

    1. Edward Warren Goodson
    2. John Michael Goralka
    3. John S. Rueppel
    3 lawyer answers

    I am very sorry for your loss. The question reads as though your surviving parent died without a will leaving 4 children. First, each of the 4 siblings have equal priority to petition to be the administrator of the estate. Hopefully, the 4 siblings can agree as to who the administrator will be. If not, then significant cost could be wasted in trying to determine who should fill that role. The question appears to focus on the disposition of the home. If all of the siblings do not agree to...

    2 lawyers agreed with this answer

  6. I own 70% of a business in California. My partner owns the other 30%. I am the President of the comapny as well as the Chief

    Answered almost 2 years ago.

    1. Michael Charles Doland
    2. Raphael Samuel Moore
    3. Jeremiah D Raxter
    4. John Michael Goralka
    4 lawyer answers

    First, I am sorry for your difficulties. This is a common problem when business relationships begin to sour. The analysis of your issue depends upon the form of entity involved. If a corporation, then with 2 shareholders you are required to have at least 2 members of the board of directors. The bank is reluctant to make a change to signing authority of the existing corporate bank account because the bank will be concerned that the bank may have exposure to liability for whom ever is...

    2 lawyers agreed with this answer

  7. Transferring rental properties into a trust.

    Answered almost 2 years ago.

    1. Julie Aletta Paquette
    2. Gary Ford Allen
    3. John R. Dresser
    4. John Michael Goralka
    4 lawyer answers

    You must first identify your priorities to answer your questionl. In doing so, you should first consider the present circumstances. Joint ownership with other individuals subjects the proeprty to the creditor claims or liabilities of any of the individual owners. In California and in most states, a creditor can force a partition action and has the ability to force the sale of the property through a partition action. Co-ownerhip with individuals can also result in conflict because in most...

    3 lawyers agreed with this answer

  8. How does trading stock affect my student's financial aid?

    Answered almost 2 years ago.

    1. John Michael Goralka
    2. Christopher Michael Larson
    2 lawyer answers

    Mr. Larson's answer is correct. I would only add that the finacial aid representatives would find out about the income as you are required to disclose that on the financial aid application and also would be disclosed in your tax returns. Implicit in that disclosure is that you had and invested the $10K. The income would appear to have an effect on your qualification for finacial aid and the amount of aid that you may receive.

    1 lawyer agreed with this answer

  9. I was listed as a bene in a trust but was told a new trust may have remov. ex wont produce or file with court prop in forcl

    Answered almost 2 years ago.

    1. John Michael Goralka
    2. James P. Frederick
    2 lawyer answers

    Without much information in your question, to stop a sale or auction of a property, you may need to record a lis pendens. A lis pendens would be recorded into title to prevent sales, loans or other transactions that effect title to real property. However, you need to act quickly to get that into the chain of title. You need to work with someone that is familiar with that process. Note that some lead time is needed to get that into the chain of title. You may also wish to provide direct...

    1 lawyer agreed with this answer

  10. CA has a $800 per year annual franchise tax for both foreign and domestic LLCs doing business in CA. There is no franchise on...

    Answered almost 2 years ago.

    1. Michael Charles Doland
    2. Raphael Samuel Moore
    3. Michael Leo Potter
    4. John Michael Goralka
    4 lawyer answers

    First, the franchise tax board's postion is that if the manager of a foreign ( non-California) LLC is a California resident or entity, the LLc is doing buisness in California irrespective of the location or situs of any other business activity. Second, if the business activities of the foreign LLC are conducted in California, then the LLC is conducting business in California. In both circumstances the foreign LLc is subject to California's franchise tax. Under the circusmstances that you...

    1 lawyer agreed with this answer

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