Matthew Erik Johnson’s Answers

Matthew Erik Johnson

Seattle Business Attorney.

Contributor Level 17
  1. My mom is in advanced stages of cancer (approx 1 month to live), still coherent but not expected to stay coherent much longer.

    Answered over 1 year ago.

    1. Astrid de Parry
    2. Matthew Erik Johnson
    3. Jesse Houston Clark
    4. Dennis Michael Phillips
    5. James P. Frederick
    6. ···
    6 lawyer answers

    The family has no righto be I agreement at this stage. The assets are the property of your mother and she has the right to distribute those assets in any manner she sees fit. Absent a will, the items will then be distributed per intestate succession. At that point, your family can agree on whatever they want. Hiring an estate planner to talk to her, explain her rights, and allow her to make her own decision is a good way to go.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My husband is a beneficiary of his grandmother's estate. He recently died and I need to know if I have rights as his spouse.

    Answered over 1 year ago.

    1. Matthew Erik Johnson
    2. Joseph Franklin Pippen Jr.
    3. Erin Cecil-Levine
    4. James P. Frederick
    4 lawyer answers

    It would depend on who died first and the specific language in any Will or trust. If no Will or Trust is present, then if your husband died before his grandmother, then he would receive nothing, and then you would receive nothing. If he died after the grandmother passed; then he would be entitled to his share, and then his share would be distributed in accordance with his Will or by intestate succession (meaning you get some of it)

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  3. How to i take someone to court for slander, fraud, vandalism, embezzlement? what papers do i need?

    Answered over 1 year ago.

    1. Matthew Erik Johnson
    2. James P. Frederick
    3. Steven J. Fromm
    3 lawyer answers

    Um, are you sure you have the evidence you need? You need to file a civil claim. What court - I have no idea - I don't know the evidence. State or Federal - I don't know the evidence Superior or Probate court - I don't know the evidence What papers you need - not sure, I don't know who the witnesses are, I don't know if any businesses are involved. The law is not so simple. You can file a civil claim or a probate claim and will need to file a pleading, serve process, file the service...

    6 lawyers agreed with this answer

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  4. I live in Ohio and my ex who is $10g behind in child support is filing Chapter 7 bankruptcy. Can he include this in his Chapter7

    Answered almost 2 years ago.

    1. David Eli Larson
    2. Walter C Oney Jr
    3. Mark P. Maciolek
    4. Jeffrey Paul Albert
    5. Matthew Erik Johnson
    6. ···
    7 lawyer answers

    Child support obligations cannot be discharged

    6 lawyers agreed with this answer

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  5. Can I hire a lawyer to represent just my mother, to look out for my mother's interests without her permission?

    Answered almost 2 years ago.

    1. Matthew Erik Johnson
    2. Kathleen M. Dunne
    3. Michael Leo Potter
    4. Lawrence A Friedman
    4 lawyer answers

    Yes but remember that even if you are paying the attorney; your mother is the client. The attorney will not owe you the same duties of loyalty, competence, confidentiality or any other duty

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. What happens at SSNRA if you insured for SSDI but not for SSR?

    Answered over 1 year ago.

    1. Brian S Wayson
    2. Matthew Erik Johnson
    3. Clint Curtis
    3 lawyer answers

    Attorney Wayson's response is quite thorough, and I fully agree. My assumption on the outcome is that this would end up being fought over on appeal. While there isn't a grated scale, it doesn't make sense that SSR would be denied or payments lowered if a disabled individual qualified for SSDI.

    4 lawyers agreed with this answer

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  7. If property is inherited in a trust before marriage & then complete title transfer to spouse occurs after marriage.

    Answered over 1 year ago.

    1. Michael Leo Potter
    2. Ronald E. Stutes
    3. Matthew Erik Johnson
    4. Tim Hong-Chun Lan
    5. Eric Jerome Gold
    5 lawyer answers

    If title was changed after the marriage, then this would be a strong case that the property has been converted into community property. Generally, inherited property is considered separate, unless co-mingled or transformation. If I have the facts right, this is a strong case for conversion of separate property into community property.

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  8. Notified that Aunt in WA died. Have no legal basis; but am next of kin.What is my risk if I get involved?

    Answered over 1 year ago.

    1. Matthew Erik Johnson
    2. Jay Bodzin
    2 lawyer answers

    I'm sorry to hear about your loss. Never fun. As Mr. Bodzin correctly states, Washington law applies for property located in WA where WA was your Aunt's place of residence. Your risks and things vary wildly and are far too complex to warrant a decent explanation here. If you live in Oregon,as Mr. Bodzin states, you should hire an attorney up here to handle your aunt's affairs. You can, if you want, completely wash your hands of the whole situation and will have no legal obligations....

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  9. Looking to start a business with a friend in CA, then move to NV in 2014

    Answered over 1 year ago.

    1. Matthew Erik Johnson
    2. Tali Alice Buchman
    3. Amanda Marie Cook
    3 lawyer answers

    Do not form an LLC in CA. CA imposes an additional 10% tax on revenue above about $250k. You'd be better off either filing for an S Corp (if you qualify), or an LLC in Nevada (which does not impose this additional tax). Depending on the type of business - and who the partner is, may change the analysis somewhat. You can file for an entity in Nevada now if you like, you do need a registered agent though, which can cost about $40 a year if you use a professional registered agent.

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  10. On The Ouestion, My Cousin died, what will happen if no one files succession for Her?, She has more debt than assets,

    Answered over 1 year ago.

    1. Matthew Erik Johnson
    2. Joseph Franklin Pippen Jr.
    3. James P. Frederick
    3 lawyer answers

    It depends on what the cousin's debts were. If your cousin had debts, you need to file a probate and provide notice to the creditors. If they file a claim, the money and jewelery needs to be put towards those debts. If not, they can be distributed as per a Will or intestate succession

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