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Paula Jeanette Mcgill
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Paula Mcgill’s Answers

2,267 total


  • How do I remove a member from a partnership LLC.

    My partner and I wanted to start a company and now I would like to have sole ownership of the LLC. The problem is that we have filed it as partnership already. How can we remove the other member of the LLC? Both members agree to it, but we do not...

    Paula’s Answer

    The first thing you need to resolve is the status of the company. Is it a partnership or LLC? You are mixing up the two types of companies. If it is an LLC, owners of the LLC are members. Next look to the partnership agreement if it is a partnership ,or the articles of organization, if it is a LLC to determine the steps you decided on how to remove the partner or member. An attorney should have drafted the document. So, the steps should be spelled out.

    If an attorney did not draft the document, take it to an attorney who can assist you. It may be the simple step of buying out the person for a certain percentage of the company.

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  • Being billed after retainer runs out

    Typically speaking if a retainer runs out and the lawyer accepts payment plans does that additional balance need to be paid within the next month or so? Or is it like a credit card you pay I.e $100 a month until balance is paid off?

    Paula’s Answer

    The payment method should be spelled out in the retainer agreement. If it isn't, discuss the matter with your attorney. There isn't a typical way of paying your balance. Several attorneys have payment plans and allow clients to pay it off over time if both agree. Others, require payments right away.

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  • My father remarried he passed away who gets his truck me my sister or his second wife.

    He is the owner of the truck and my sister and his second wife they're the insured drivers on the insurances.

    Paula’s Answer

    It's not quite that simple.
    If he still owed on the truck, the truck has to be paid off or the lienholder can repossess it.
    If the truck is fully paid off and he died without a will, the administrator has to pay off the liabilities of the estate before the assets are distributed. If the truck isn't sold to pay off his debts, If the truck is the only remaining asset, it may have to be sold to be split between the children (1/2) and the second wife (1/2). The sister would not receive any part of the estate under intestate succession laws.

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  • Can I go to small claims court ? Or will an attorney even help me send a notice ?

    Hi! There, My son ( 7 yrs ) who went to a birthday party Glow in the dark n atlanta was injured badly with a metal object which was not secured in the play area. We had to call 911 and than we had to take him to the ER - he had a large g...

    Paula’s Answer

    Yes, there are small claims attorneys who are available to discuss the matter with you in an initial consultation. You should google, small claims attorney and Atlanta. You should be able to obtain 5-10 names. Small claims goes as high as $15,000 in Georgia. The company may be liable for medical bills and pain and suffering.

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  • I have a tenant-at-will. She has been served the 30 days notice, but can she be forced to move out sooner?

    In our own agreement, it is agreed that after 5 days of being late, she will be charged $75 per day or may face eviction. She has only given me partial rent (half), therefore, she is technically late on the full rent. Am I now eligible to forceful...

    Paula’s Answer

    It is very unikely the entire process from filing the dispossessory, to serving her, to having the hearing, to having the authorites come to evict will take less than 30 days. It may be better to sue her for the money in small claims court, obtain a judgment, and garnish her wages for any judgment.

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  • My daughter was let go at a nursing home. She was sick,had a doctors note and was paying union dues. Is this legal?

    Worked there 1 month

    Paula’s Answer

    If she'a union member, she should ask her union rep and read the union handbook. The problem may be the length of time she has been an employe. However, her union rep would know better about the protections she has as a member.

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  • How much does an irrovocable trust go for?

    Live in a co-op and want to get an irrevocable trust for my daughter.....

    Paula’s Answer

    If you're asking how much a lawyer would charge to draft an irrevocable trust, there isn't a concrete answer. The best thing to do is to call experienced trust attorneys in your area. Hire the attorney who fits your budget and comfort level.

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  • Can I refuse paternity test

    I had an affair and got pregnant a few years ago. My husband knew about it and knows the possibility that the child is not his. He has accepted this and the child. Now the other guy who is in another state is trying to get a dna to see if the chil...

    Paula’s Answer

    If you husband is on the birth certificate and you were married when the child was born, you can refuse visitation at this point.

    You cannot handle this alone. Hire a lawyer to protect yourself and your child by filing an opposition to the request for a DNA test. One thing you don't want is sit on your rights, and then have the court issue an order for a DNA test without a fight.

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  • Divorce custody. I am dealing with a very corrupt judge. Opposing counsel is very powerful and threatens my lawyers to throw my

    divorce custody. I am dealing with a very corrupt judge. Opposing counsel is very powerful and threatens my lawyers to throw my case. Since the Judge is against me there is a conflict of interest for my lawyers as they have more interest in stayin...

    Paula’s Answer

    You should consult with sevearl experienced attorneys who are used to practicing family law in Kings County. Your perception of the judge is probably wrong. However, it is clear you have lost faith with your current attorney. Interview several experienced family law attorneys, discuss your concerns with them, and hire the one who you feel will work with you. However, you are likely to frighten attorneys with your current stance. Most attorneys don't want to work with clients who believe everyone is against them and the judges are corrupt.

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  • I BEING SEPARATED FROM MY HUSBAND SINCE 2001 IS THIS A LEGAL DIVORCE IN NEW YORK STATE?

    Reason for separation abuse physical and mental abuse towards my children and myself.

    Paula’s Answer

    You will have to file for divorce to obtain a divorce. Mere separation for an extended period of time does not create a divorce. Based on the information you provided, there may be several grounds for divorce, including: (1) living separate and apart under a court decree; or (2) living separate and apartment under a separation agreement. Other grounds may be available. However, you should discuss this with a local experienced counsel.

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