John Arthur Bender JR's Answers

Multiple declared personal representative?

Generally the estate may have more than one principal. It may be simply a function of appointing another heir as the representative for purposes of the suit. In order to give you a reliable answer though you should have an experienced attorney review the estate documents to determine what can be done

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Employment contract, non-compete, business, Washington State, employment at-will, contracts

Under Washington law, if you strictly honor the non-compete clause then you are probably ok, but if the non-compete language prevents your preparatory actions, then there is exposure. Your Washington lawyer would need to read the contract in order to give you a meaningful analysis.

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If a business partnership is formed, is there any implied responsibility between the partners (eg. 50%/50%)?

Yes, absent agreement otherwise the partnership is assumed to be a 50/50. You need compenetent legal advice for such a business formation.

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How do I serve a defendant a small claims lawsuit if I don't have their address

Oh yeah, since you do not have his new address you can mail to him at work or have a friend over 18 serve him personally.

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Can you form a one-person nonprofit corporation in Washington?

Yes to both your questions. But getting the non-profit status may be harder than you think. An attorney familiar with the requirements should assist you..

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Can I register and operate a nonprofit business though I move around a lot?

Many people establish a business in one state and live out of state. The important thing is that you follow Washington law to establish the proper entity and appoint a registered agent. Then each year there are requirements under Washington law to have meetings or to create minutes depending on what type of entity you create. Alawyer can help you keep up with the requirements.

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Company claims all 401k benificary files are lost,What action should I Take now.

This requires an attorney to follow up with the Custodian of the 401k such as Schwab or Fidelity. so you need to find out where the 401k account was held. They will have records because even if the employer lost or destroyed records, it is likely that the Custodian has records.

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How do I protect myself from a partner that I believe is defrauding me and our investors. We are a WA State Corp.

Securites and Corporate law make illegal what he is doing. Now that you know of it you have disclosure duties to the company and the investors. You definately need a lawyer and the sooner the better, or your knowledge subjects you to liability for his conduct. Call a lawyer as soon as you can.

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Is a notarized agreement legally binding?

Your question requires contract analysis to determine whether it is mutally binding. Having a notary seal is required on real estate transactions, thus she may enforce the promise of joint ownership. You should call your bank to see if they mind. As long as you are assuring payments are made, the bank should not have too much problem with it. Otherwise to give her half you probably need to hire a lawyer to make sure the conveyance is done properly.

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How can my business lien another business in washington state?

Any Liens for services would be filed according to the Lien statute and attach to the property, not another business. A law suit against the builder would be appropriate, but then you have to collect. A lien attached to property would be liquidated by th esale of the house, or you could sue to foreclose the lien according to Washington Law.

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