Archived
Is an assignment of rights in a corp. to ones siblings valid if it was executed without the proper intent ?
Yan's answer
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Answered on November 18, 2013
Your case has many issues, including a possible statute of limitations problem. On a basic level, contracts are enforceable unless proof of fraud,...
Archived
I have just signed a personal guarantee and lease for a second location. Can I still separate the two businesses?
Yan's answer
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Answered on November 18, 2013
I would say the short form is indeed, as stated by my colleague, probably. If the guarantee is yours personally, you may still be able to transfer...
Can my partner reopen my business with someone else in the same location with the same name and concept?
Yan's answer
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Answered on November 18, 2013
The answer to your question is in part yes, in part no, and in part "we shall see".
Frank is right: the business, regardless of its location,...
I want to open a software consulting business, but which one is better: S-corp. or LLC?
Yan's answer
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Answered on November 18, 2013
Generally speaking, LLC's are better when your company and intentions fit into the requirements of the LLC Act. There are, of course, reasons to...
Archived
Can an Attorney force the Beneficiary to pay Attorney Fees, even though the Probate Judge ordered them NOT to be paid?
Yan's answer
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Answered on October 04, 2013
If the judge ordered attorney #3 not to be paid, it seems to me, at first blush, that this attorney was not considered to have rendered services to...
What do you call an executor of an estate that WAS NOT court appointed but named in the will? Searching doesn't differentiate.
Yan's answer
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Answered on October 04, 2013
The executor granted Letters Testamentary would be the appointed executor. Otherwise, it would be the Named Executor, I suppose. Appointing an...
Archived
Trademark infringement
Yan's answer
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Answered on October 03, 2013
Hire a lawyer and engage their counsel in discussion. Let them know that you are not willing to pay any settlement amount, and force their hand to...
Archived
Do i need a business attorney or construction attorney?
Yan's answer
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Answered on October 03, 2013
Any commercial litigator will do.
Partner wants to be removed from llc in new york city
Yan's answer
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Answered on October 03, 2013
If you used a lawyer to form the LLC originally, you probably have a shareholder or member agreement. This agreement covers the right of...
Archived
Do I have legal right against my business partner to collect the monies he has racked up in debt with various vendors?
Yan's answer
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Answered on October 03, 2013
Many questions to be asked my good sir. Was the account the partnership account? Are you incorporated? Are these personal dalliances or business...
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