Archived
I have a name in mind for a corporation and also as a tradename. What happens if someone is using it already?
Herbert's answer
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Answered on August 08, 2011
Echoing the prior answer, it may or may not be a problem. Trademarks and tradenames are intended to allow a business to build "goodwill" and for a...
Archived
Can you be voted out of a s corp. in massachusetts???
Herbert's answer
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Answered on August 08, 2011
Adding to what has been said already, it is not easy to get rid of another shareholder, absent a specific provision in the bylaws or articles,...
Archived
Employment discrimination settlement tax
Herbert's answer
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Answered on August 08, 2011
There is a limit on how much you'll be able to "game" the settlement payment for tax purposes. In a nutshell, it is intended to compensate you for...
What do only one of the member's social security number required mean in LLC with two members? Is that only person responsible?
Herbert's answer
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Answered on August 08, 2011
Generally, the IRS needs to have at least one tax id number (e.g., SSN) when giving out a new tax id number (EIN) for an entity. It helps them...
Archived
Can I transfer a Durable POA to next of kin?
Herbert's answer
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Answered on August 08, 2011
As the other attorneys have indicated, you can't appoint someone to serve as a fiduciary (e.g., attorney-in-fact or health care agent or...
Archived
What do you do when an attorney deliberately moved money through a bank and planned to transfer assets through a trust.
Herbert's answer
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Answered on August 08, 2011
It isn't clear from your question whether the estate was a deceased parent's, and whether you were entitled to distributions from that estate. ...
Archived
Co-Executor delema
Herbert's answer
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Answered on August 08, 2011
Assuming the Executors have been appointed and the will is "proved and allowed," the real estate is effectively the property of the respective...
Commercial lease expired 11 years ago. Can eviction occur for nonpayment on an invalid lease and can you get funds back?
Herbert's answer
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Answered on August 03, 2011
Generally, once a lease expires, the tenant becomes a tenant at will. The landlord can raise the rent between rental periods, and the tenant has...
Archived
Give my wife full ownership of our Texas LLC
Herbert's answer
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Answered on August 03, 2011
It would be prudent to contact a local business attorney. There aren't any gift tax consequences - there is an unlimited exclusion for gifts...
Archived
What should a "Non-Citizen" who is living outside the US do if she/he get an IRS notice?
Herbert's answer
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Answered on August 03, 2011
The concern would be whether there might be consequences in the future if you wanted a visa to come to the US, and potentially, if you still had...