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Matthew Erik Johnson
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Matthew Johnson’s Answers

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  • If no one collected on a life insurance policy because of a mistake and I must go to the state of florida for it who do I contac

    my mom died in 2007 made a mistake with insurance company about cause of death and need to claim now but told to go to the state of florida because it had probably been turned over to them do I would like to know who to contact about it and how si...

    Matthew’s Answer

    You would probably have to talk to the company first to find out how to make a claim. If you know for a fact you have a claim, then if this fails an attorney in the state where your mother actually contracted to pursue a claim may be your only subsequent option.

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  • Husband died intestate. Using Small Estate Affidavit. Question about vehicle co-owned with a relative, not wife.

    Husband died intestate. Using Small Estate Affidavit for small boat. He co-owned a car with a relative, not his wife: (Jane Smith AND John Doe). Car is paid for, was obtained after the marriage. Can wife use Small Estate Affidavit and transfer...

    Matthew’s Answer

    The answer will depend on how the title was held. In WA, if the title was held as joint tenants with right or survivorship, or if there was a named beneficiary naming the survivor as the beneficiary, then the surviving person would have title.

    However, if the title was merely held by both parties, then something more akin a joint ownership (50-50) would be present and the interest would be dealt with through probate (or small estate affidavit), however.

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  • Website association to a LLC

    I have a MD LLC and I'm the resident agent. There is an operating agreement that specifies that there are 4 shareholders. Let's say the LLC is called "XYZ LLC". There are 3 websites that provide 3 different types of services we work on. Let's ...

    Matthew’s Answer

    I somewhat agree with Mr. Havens but not entirely. Here is why.

    It will depend on part if it is a manager managed or Member managed LLC. If it is a manager managed LLC, you have no fiduciary duty to the other members and you can form competing businesses at will.

    If it is a Member managed LLC (which should have been disclosed when you formed the LLC), then you do have a fiduciary duty which requires the other members to approve on any activities that would be a lost business opportunity.

    It also depends on the nature of what the LLC's business is, and what the new website markets. If the two are too similar, then they may have grounds for a suit. If the two activities are not similar (which differing minds could argue), then there is no problem.

    So... it depends on those two factors. What type of LLC is it, and whats the LLC business vs the 3rd website business.

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  • How to get car title from mother?

    I went to the dealer ship and handed the car salesman my credit card. he swiped the card and tossed the keys into my hands. my mom went back to the dealership two days later and signed the papers without me being there, when i was the one who boug...

    Matthew’s Answer

    You have a remedy in two ways, the easiest is that the car dealer breached your contract by giving your mother title when you paid for it - so a contrat was made at that time - and they unilaterally contracted with your mother for the same car the next day, which isn't right.

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  • Is a land trust the right solution?

    As foreign a have 50% LLC with a US partner. We own a few real estate property. I read that a land trust can avoid probate.I know that, as no US resident, the taxes are very expensive but I'm focused on protecting my family from legal paper a...

    Matthew’s Answer

    Whether or not you will avoid probate does not protect your family from owing taxes. If you own something at death, you will be taxed (or not taxed) independently as to whether you go through probate or not.

    There are certain ways you can reduce taxes to your family and prepare to handle any taxes that might be present. Whether or not a land trust is a viable option will depend on other factors, such as if you want more controls on the land or if you want certain liability reduction benefits in return for having less control of the asset.

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  • What can I do if they sole me a bad car and I pay them to get my tiler from the DMV and didnt do it yet and i am paying them

    The car don't work right the said it was good

    Matthew’s Answer

    I fully agree with Mr. Kaufman. If you act quickly you can file a lawsuit in small claims (if you paid under $5k in most jurisdictions. An attorney can assist you in preparing the case if it is indeed a small claims matter, but cannot represent you at the hearing.

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  • What year was Statute 732.507 enacted and is it retro active to the time that proceedings already in progress would be affected?

    Even though the will was written during our separation, my husband left me as Personal representative as well as Beneficiary of said will. From that time to this I have not received any of my marital assets and since the time of the will being wri...

    Matthew’s Answer

    This will depend on who the "party" is. Typically in most states a widow (married at the time of death) has first priority over a will to be named as executor (but not necessarily beneficiary) of marital assets. A sister would not have that right.

    Why this happened would require taking a look at the docket in the probate case. But it could be easily traced once all the paperwork for the matter could be reviewed. In this situation your best bet is to find a local probate attorney and challenge the veracity of the will.

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  • IN CALIFORNIA WHEN UNCLAIMED PROPERTY IS FOUND OF A DECEASED PERSON & PROBATE TO THE ESTATE HAS BEEN CLOSED FOR MANY YEARS..

    ... UNCLAIMED PROPERTY FOUND TOTALED WELL OVER $250,000.00. SHOULD THE ESTATE OF BEEN REOPENED? (ESP. WHEN THE ORIGINAL BENEFICIARY TO THE RESIDUARY DIED & THERE ARE CONTINGENT BENEFICIARIES TO THE RESIDUARY)... SHOULD THE PROBATE BE REOPENED? THA...

    Matthew’s Answer

    You would need to reopen the case and file all the necessary disclosures, notices, and tax returns as needed in the state of CA

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  • Purchased a bed online and due to manufacturer defects, the bed is inoperable. What is my recourse for a refund?

    The 3rd party seller is in process of communicating with the manufacturer directly, with copies of photos and the info I have provided. I haven't heard back yet, hopefully soon, but this bed is partially together already before the defects were cl...

    Matthew’s Answer

    i agree with attorney Krieger. Its only been a full days. These things can take a little time. Check to see if there is a manufacturer warranty as well, you might try through them.

    I can completely understand any anger you may have. Buying a bed and sleeping on the floor/couch is a nightly reminder. Unfortunately a litigation attorney may not be worthwhile as the cost of litigating may be substantial.

    An attorney can help you with two things if you go down that road.

    First, they can assist you with a demand letter and a phone call to the company. Sometimes that does work to grease the hinges a bit.

    Second, they can assist you in preparing a case for small claims court. A matter like this is most likely properly brought in small claims, where the parties are not permitted to use attorneys. However, the attorney can be used as a consultant to prepare everything properly and coach you on what to say at your hearing.

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  • Do i have to register my Business in the USA?

    I have a partnership business overseas. Do i have to register my business here in the USA as I've opened a US bank account my company name and I plan taxes if we make any profit.

    Matthew’s Answer

    Yes, you do have to register as a foreign entity doing business in the US.

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