I lost the deed or title of my home, the home was owned by me and my two sisters, they or now deceased. My sisters names are on the deed too. My sisters spouses are deceased and they had no children. How can I sale without a deed?
All real estate ownership and title is reflected by deed. However, if you were on the deed with sisters, the designation of ownership on such deed may be a saving grace...or not....if you were all on the deed as JOWROS (joint owners with rights of survivorship) then you own the property outright simply by reason of being the survivor among you. Conversely, if you were all listed as 1/3 owners as "Tenants In Common" then we got a problem as such designation means each of the 3 siblings own one-third of a house...which is an asset that can be bequeathed by will or --if no will --by the laws of intestacy, which mean heirs get such portion of the home....and since there are 2 other families you will have to deal with the Surrogate Court to get one or more party's appointed as Executor (or Administrator if no will) in order to be able to convey good title in the home to a third party buyer (using what is known as an Executor Deed). There is not enough facts here to give more advice...you will likely have to confer with a probate attorney and a real estate attorney to fix this issue.See question
My LLP has two registered people; myself and my other co-founder, Aemanda Chan. We will have another person onboard with us, Yafiq, who will be our advisor and marketer. We will have a split equity agreement, meaning to say each of us will have di...
Did you mean LLP or LLC...it makes huge difference. LLP's are for law firms, CPA firms, Engineering firms, Physician firms, etc. Only similar professionals can own equity in an LLP so investors like you are describing would be a no-no unless also in same profession. If you meant LLC and it is not a professional practice then there is no limit on the potential equity structures you can create. You really need to sit with a business lawyer who can guide you on how to compensate non-professionals in something that looks like equity but is some form of a bonus plan....State disciplinary rules have to be adhered with as well as state laws that clearly dictate who can be an owner of an LLP or not.See question
My private loan lender placed me in default and sold my debit to another debit collection agency. The new company is now trying to collect on the debit. Can it be argued since they paid pennies on the dollar for the loan that they effectively paid...
Nope -- but since you know they purchased the debt at a steep discount as compared to the original debt (which is still alive) you could negotiate a price to settle with them that will be more than they paid (they want a profit of course) but will be less than the "true" debt you owe.See question
Can I do this? How do I start this process?
Yes you can do this and attorney Gomez has given correct advice....you also may want to prepare a Confession of Judgment Affidavit so that the friend cannot raise any defenses to the p-note and mortgage.See question
Agreed to work with a guy to lease out his property to potential farmers. Sent him the finders fee agreement via email but the signing was delayed because his business partner was out of town. Meanwhile I found a potential client and the deal was ...
You may have a bigger problem here so let me point out the following:
Since you are acting as an intermediary (aka finder) -- on an asset that is real estate -- you could be viewed as an unlicensed real estate broker/agent. Accordingly, if you are not licensed then you could have been violating the law....in which case you would not get paid as you are not legally allowed to act in the role you assumed. I do not know if CA also has penalties if you were to be reported....so tread lightly before you seek to sue on some other legal basis not realizing the guy who stiffed you may be able to cause you significant paid if he were to report you.See question
My business is a Florida Based software company and a lot of investors want my business to be a Delaware C-corp.
There are legal, tax and creditor risk issues that would affect any decision...but here are your choices:
1. Use the Conversion Statutes of DE to essentially file what is known as Articles of Conversion to change from being a FL entity to a DE entity. However, since your conducting business in FL you would then have to file with FL SOS to establish yourself as a foreign entity doing business in the State of FL. This would be a tax free transaction under Sec. 368(a) of the IRC....similar to doing a tax free merger transaction.
2. You could create a new DE entity and then have all shareholders contribute the stock of the FL entity to the capital of new DE entity which would create a parent-subsidiary relationship...the parent a DE company (what Shareholders own) and the FL subsidiary remains unaffected and can continue to run the operations distinct from what activities can be carried on by the new parent company. This can be done tax free.
3. If you did not like the Conversion idea (some states do not permit) or Parent-Sub route then you could create a new DE company and then do a tax free merger by filing articles of merger with FL and DE to merge FL entity out of existence into the new DE entity.See question
Is there a law that exists that assesses this tax on LLC gross receipts? It's very clear from the Tax Department's website that this annual filing fee is required, but I can't find any law to support it.
More like an annual franchise fee (for privilege of doing business) than a tax. The magnitude of the LLC's annual revenues simply determines which fixed fee you have to pay as follows:
If the New York source but not LLC/LLP
gross income on Line more than enter on
line 4 is more than: line 5:
$ 0 ....................... $100,000 ..................... 25
100,000 ....................... 250,000 ..................... 50
250,000 ....................... 500,000 ..................... 175
500,000 ....................... 1,000,000 ..................... 500
1,000,000 ....................... 5,000,000 ..................... 1,500
5,000,000 ....................... 25,000,000 ..................... 3,000
25,000,000 ................................................................... 4,500
A Florida resident dies in March, 2016. His assets are almost entirely his investment portfolio. However, he owns 40% of a NYS S corporation that operates a business in NYS. The S corporation was an operating business started by the decedent. He h...
A nonresident decedent only is subject to NY estate tax if there is real estate or tangible property located in NY owned by such decedent. Here the ownership of stock in a company (albeit in NY) fits neither category.See question
My 88 year old mom has been in a nursing home for 15 years, paid by Medicaid. She is wheelchair-bound. She gave full POA to my sister, an ex-convict, 10 years ago after being deemed competent by doctors. However, mom now shows signs of her mind no...
This is no simple matter answered on Avvo site. You would need to retain an elder lawyer with litigation experience as you will need to file a Petition for an accounting and perhaps also a Petition for Guardianship seeking to revoke the POA and have the Court order a new person in charge of Mom's finances and in charge of her person (safety and wellbeing) as they can be two different matters.See question