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Shelley Movae Buckholtz

Shelley Buckholtz’s Answers

6 total

  • Closing probate

    I am the PR, everything was left to me, including house. Do I need to send a notice of declaration of completion of probate to decedent's sisters (even though they do not take under the will) or can I just file the declaration to close?

    Shelley’s Answer

    In order for there to be a complete bar upon future claims against you as PR for administering the estate, you should give the decedent's testate heirs (those that take by will) and intestate heirs (those that would take if the decedent had no will) notice of the declaration of completion.

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  • What rights do LLC members have regarding the sale of another member's share?

    I own 49% of an LLC. My former partner owned 51% and recently sold her share. In the purchase agreement with the buyer, she stipulates that all "rights" among the former partners will terminate. She served as the Treasurer and has yet to turn over...

    Shelley’s Answer

    If you are correct in how you relate the facts of your former business partner/member in the LLC, it sounds as if she is trying to pull a fast one. I would retain a lawyer pronto. Even if you do not have a LLC Operating Agreement, you still have statutory rights as a member of the LLC. It is always harder to undo things that to prevent them, so you would be wise to get legal counsel sooner rather than later.

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  • I got served by Wells Fargo for a debt that I co-signed for. What do I do?

    I cosigned a credit card for a friend. My friend owes them over $10k. Since he can't pay, they are after me. The court date is Aug. 30th and the balance is now over $20k. Do I need to show up at court for this? Is it possible to settle the ba...

    Shelley’s Answer

    You should be careful and make sure that you appear if the documents you were served with require you to appear. The credit card company/lender will take a default judgment against you if you do not answer and/or appear. The judgment will entitle the lender to garnish wages and take collection action against you.

    If you appear/answer prior to the hearing date, you might be able to make contact with the attorney to see if they will accept a lesser amount or stipulated payment arrangement.

    This answer is only provided in a forum and does not create an attorney-client relationship with you. You should contact a lawyer for specific advice to your situation.

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  • The "consideration" offered in the contract was never paid. Can they sue me for breach of the non-compete if they never paid?

    I've been hit with a temp. Injunction r/t starting up again after signing a sale of company contract which included monetary payments and a job. They fired me within three weeks and never gave me any written reasoning about why they did it. It w...

    Shelley’s Answer

    Do you have a contract regarding the non-compete? At will employment does mean, that absent the reason being race, gender, religion, or age, the employer can terminate you at will. Non-competes are enforceable by the employer, but they must be reasonable in length and geography. There usually is consideration for the non-compete and that is employment with the employer at the outset.

    I am giving you general answers, because as you might see from my answer, there are a few more facts I would need to possibly give you a more complete answer.

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  • Undo Joint tenancy with rights of survivorship?

    After my mother died, my father put me on his bank accounts so that I could pay his bills and manage his CDs. He just passed away and I've found out that we were co-owners and all of his money goes to me. He had a will that split his estate equa...

    Shelley’s Answer

    If your father's will was created and executed after the time period he made you co-owner of the accounts, your father's will could be interpreted under Washington law as controlling the ownership of the accounts, not the account designation.

    Otherwise, you could have gift tax exposure. I would recommend a TEDRA (Washington's Trust and Estaet Settlement Act) settlement/agreement between yourself and your three siblings to dispose of the assets pursuant to your father's Will, if that is your choice.

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  • My father recently passed away without a will. My sister and I are next of kin. What steps are required of us?

    my sister lives out of state we are both adults he had not much cash on hand but has assests what steps are we legally required by washington state laws to take?

    Shelley’s Answer

    I believe Mr. Kellogg gave a very accurate and detailed answer to question. I would only add, that if your father died owing less than $100,000 in assets, which are not real property, you and your sister can avail yourself of the small estate affidavit process. Some financial institutions try and claim that you must initiate a probate first, and obtain letters testamentary, but if there is no real property and little debt, the small estate affidavit process will work.

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