Gideon Dionne’s Answers

Gideon Dionne

Seattle Business Attorney.

Contributor Level 6
  1. Should form an LLC or an S. corp?

    Answered 3 months ago.

    1. Gideon Dionne
    2. Matthew John Ley
    3. L. Vincent Ramunno
    3 lawyer answers

    This question is generally more tax than strictly legal related, and I recommend you consult with a CPA to optimize the entity structure for your particular business (and individual) tax situation. That being said, I think this situation would generally call for three separate LLCs, with the "subsidiary" LLCs being taxed as partnerships (default taxation) and the "parent" subsidiary being taxed as either an S Corp, a C Corp, or a partnership, depending on your particular situation, your goals,...

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  2. My boyfriend and father of my 2 children has died, how do i acquire his assets, such as bank accounts.

    Answered about 2 years ago.

    1. Gideon Dionne
    2. Daniel Nelson Deasy
    3. Steven J. Fromm
    3 lawyer answers

    The answer to your question will likely depend on whether he had a will, and if so, what the terms of the will provided. While a court (or the bank if pressed) may determine that the check was not fraudulent and that you are entitled to the money, it is much more likely that a court will look to the will to determine what will happen to the money. If your boyfriend did not leave a will, the assets will pass through intestacy and your children will likely end up with most if not all of the...

    6 lawyers agreed with this answer

  3. Can an employer do this?

    Answered about 2 years ago.

    1. Gideon Dionne
    1 lawyer answer

    While it is certainly unfair for your husband to recognize the discount in his commission despite another salesman actually making the sale to which the discount applied, whether this is "legal" would likely depend on the employment agreement your husband has with the company. The employment agreement should detail how the commission is figured and would likely give you guidance as to how a situation like this should be handled. The company's general policies may also be relevant. However, this...

    3 lawyers agreed with this answer

  4. My new tenant is a nightmare! Already damaged floors and walls, etc... She's been here 2 weeks. What must I do to evict her?

    Answered about 2 years ago.

    1. Gideon Dionne
    2. Christopher Daniel Leroi
    2 lawyer answers

    I agree that the criminal activity is the most likely way to achieve a "quick" eviction, and you could likely pursue the marijuana smoking as another criminal activity. If you have a lease, there may be terms in the lease that have been violated by the tenant that would offer alternative "outs." However, these would likely require you to give the tenant notice and an opportunity to cure the defaults. You may want to discuss the lease terms and criminal activitiy with an attorney. I think you...

    3 lawyers agreed with this answer

  5. Breach of contract question

    Answered over 2 years ago.

    1. Jay Bernard Ross
    2. Gideon Dionne
    3. Pamela Koslyn
    4. Jason Lau
    5. Michael Lewis Marley
    5 lawyer answers

    Whether you have a case for breach of contract depends on the nature of your proposal and the nature of the publisher's response to your proposal. A contract requires an offer and acceptance. The proposal would likely be deemed an offer to contract if it included the terms necessary to define the contract. This would depend on your specific circumstances, but would include information detailing who the contract is between, what the the subject matter of the contract is, and likely the payment...

    4 lawyers agreed with this answer

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  6. If two firms merged should one of the merged firm dissolute?

    Answered about 2 years ago.

    1. Gideon Dionne
    2. Robert John Murillo
    2 lawyer answers

    I assume the merger included all assets and liabilities of the "abandoned" firm. The firm does not necessarily need to dissolve. However, it "should" be dissolved if it no longer has a purpose by filing a notice of dissolution with the secretary of state. (Though because the secretary of state charges for this filing, I can see why many entities do not comply.)

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  7. Do I have to give 60 days notice on a week to week rental agreement?

    Answered over 1 year ago.

    1. Gideon Dionne
    2. John S. Fason
    3. David B Pittman
    3 lawyer answers

    Does it ask for a 60 day notice or does it require a 60 day notice? If it requires a 60 day notice and you signed it, it is very likely "legal" in the sense that your failure to provide the 60 day notice would be an actionable breach of contract.

    2 lawyers agreed with this answer

  8. My company gave me an agreement and general release form. the cover letter has my name however the other pages had another name

    Answered over 1 year ago.

    1. Gideon Dionne
    2. Steven E. Petrou
    3. Brian Heath Crockett
    3 lawyer answers

    The literal answer to your question is that you can sue anyone for anything. However, to have chance at success and avoid penalties for filing a frivolous lawsuit, you must generally have a claim to damages. Accordingly, you cannot (successfully) sue your employer for breaching another employee's right to privacy, because you were not injured by the breach (if the breach even exists).

    2 lawyers agreed with this answer

  9. Must I refund a portion of the pre-paid rent to a tenant who did not occupy the property for the last 2 months of the lease?

    Answered about 2 years ago.

    1. Gideon Dionne
    2. Stephen Clark Harkess
    2 lawyer answers

    I agree the deposit forfeiture clause would not likely be upheld. However, if there were specific circumstances that you discussed with the tenant as a reason for the forfeiture clause, there is a chance that it could be upheld. An attorney would need additional information to be able to advise you on the risk that the clause would be invalidated. However, the risk for failing to properly account for and return a deposit is significant. You should consider any damages carefully before...

    2 lawyers agreed with this answer

  10. Responsible for more than one month's rent if breaking lease?

    Answered about 2 years ago.

    1. Gideon Dionne
    1 lawyer answer

    It appears based on the available information that you would only be required to pay one month's rent in order to break the lease so long as you gave 30 days notice to your landlord. So if you plan to move out July 1, you would have to give notice by June 1 and pay for the months of June and July (less $5) in order to break the lease. In essence, you are only responsible to pay one additional month, but you must still give thirty days notice. However, without confirming the notice requirement...

    2 lawyers agreed with this answer