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John P Corrigan

John Corrigan’s Answers

3,277 total


  • What is required to include in a Multi-Member Operating Agreement in Florida?

    I am starting up a LLC and drafting the Operating Agreement. Are there certain statutes or provisions that I must include in my Agreement under Florida and federal law?

    John’s Answer

    You must understand that FL has a LLC statute which will govern most matters UNLESS there is an Operating Agreement which, if in pace, will override most ot the LLC statute default provisions. At its base level a majority vote carries the day on all matters unless the Op-Agmt has provisions essentially overriding the basic general majority rules. I have written hundreds of Operating Agreements and just know that they are 80% boilerplate docs but the last 20% IS THE DEVIL IN THE DETAILS!

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  • Can a wife leave her share of house owned with husband to son with a living trust?

    Wife is scared husband will sell house and blow money before son can inherit. I live in California.

    John’s Answer

    I agree with my colleagues comments but a potential strategy for you may be to seek to make the deed changed to read as 50/50 tenants in common so you can dispose of your 50% distinct interest if titled in this way.

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  • Paranoid about trusting a lawyer with information

    I'm afraid that what I discuss with my lawyer even though confidential he can't be unbiased and might actually be against me in my case

    John’s Answer

    Ok, what is your question? If you feel this way then get a new lawyer.

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  • Can I file IRS form 2553 (S-Corp election) without filing form 8832 first?

    My LLC is considered a disregarded LLC because I am the sole owner

    John’s Answer

    The enclosed Article from the Tax Advisor adds some additional suggestions on what to do if you choose to skip filing the Form 8832 and only file Form 2553...http://www.thetaxadviser.com/issues/2013/dec/casestudy-dec2013.html In my own practice I would file both forms as there is no harm to doing so and avoids any potential confusion.

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  • Can a tenant's suit be considered as blackmail?

    We have particulary troublesome tenant that has been asking for special treatment and a five-star living environment at a one-star cost. She has acted like a crazy person for the one year that we've had her as a tenant. Now that we're raising the ...

    John’s Answer

    Forget criminal concept of blackmail as you have a lease which is a contract...the terms of the contract is what matters as to any potential breach on your part. Follow the contract terms as to termination procedures and notice formalities. Assuming you have not done something to willfully harm the tenant then you should be fine in terminating the lease.

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  • What do I do to avoid probate? Do I have to file with the court? This is in Or.

    Mother passed and I have the trust and will from 2003. I am her only child and the trustee. How do I take care of this?

    John’s Answer

    Depends what sets of Mom were in fact contributed to the trust vs. assets held only in Mom's name. Also depends if Mom had any accounts held in joint ownership format and/or with payable on death designations which would bypass need of probate. Just not enough facts known here to answer conclusively.

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  • Is my employer is the wrong?

    Ive been working for a employer for almost 8 months now and before i had started he had said that he wont give me the pay rate i asked for because of my age. I am 20 years old and so he said to prove myself. I have learned that the other workers h...

    John’s Answer

    After just 8 months is hard to say whether your subjective view at 20 y/o is accurate all things considered. Frankly it sounds like you need some advice as your view of yourself and personal issues may be one not fairly placed on employer's shoulders. At least prove yourself for a year before seeking performance evaluation as you accepted the employment offer initially and just 8 months into your job is not something anyone would blame an employer for your feeling of frustration,

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  • If the beneficiary on a 401k plan disclaims the money can the spouse file a petition for summary administration ?

    My husband named his brother as beneficiary on his 401k plan 16 yrs ago and never changed it back to me , his spouse. My brother in law has disclaimed the money. The amount of 401k is 24,000 and he had no other assets. Can I as the spouse file a ...

    John’s Answer

    A disclaimer acts as if the recipient is fictionally dead. Accordingly, if the assets then go back to the estate then the intestacy laws would apply in yi=our state....usually will go to wife and kids in some allocation per state intestacy statutes.....of course if there are creditors then they steps ahead unless state intestacy laws grant exemptions from creditors, or will need probate lawyer locally to file for Letters of administration to get a probate file opened to resolve any competing claims.

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  • Do I have a claim?

    At the time I requested for an reservation only, the owner/agent of a travel agency sold me a ticket for $1348.00 by not disclosing or by concealing the fact that US Embassy doesn't require buying a ticket for a US visit visa and took advantage of...

    John’s Answer

    Devil is in the details......what does your agreement say as between you and they as to services they provide? If it contains an entire agreement provision then this oral say so will be irrelevant. However, the threat to sue in small claims and a blog posting may be sufficient to hav them pony up some compensation to settle this.

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  • What does "...may be made irrevocable by its express terms." mean as applied to DE Amended LLC Act SB 78 revises Section 18-40

    2 member DE LLC. 50-50 ownership. NO Operating Agreement. Member/ Manager resigned by wide email broadcast not just to other Member stating that "effective immediately, I am resigning as CEO of [Delaware] LLC. I will remain a partner in the LL...

    John’s Answer

    Not so fast.....if you have no operating agreement that does not allow you to create sone new rule adverse to the other member.....management rights deal with day to day operational issues and essentially you are a 50/50 equal decision maker at this stage. Confer with a local lawyer on your end game hear as you each have fiduciary duties owed to one another.

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