Archived
Can the executor of an Estate sell properties owned by the deceased to pay off creditors before the Will is probated?
John's answer
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Answered on August 13, 2013
You have no authority to do anything at present because you are not officially the executor until such time as you probate the will (as part of the...
Would an Professional Corporation (S-Corp) in California protect against divorce if ex spouse is not licensed in same profession
John's answer
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Answered on August 13, 2013
I agree with my colleagues but try think of it this way:
Assume the value of the medical practice was $1M, the house was worth $1M and stocks,...
If I receive $10,000 from my ex-husband in a finalized divorce settlement, will I have to pay taxes on that money?
John's answer
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Answered on August 13, 2013
No need to worry - splitting a marital estate due to divorce triggers no income taxes by the division of such assets. Income taxes will only come...
A will has a statement that the deceased initialed each page. however the initials are missing.
is this fraud.
John's answer
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Answered on August 13, 2013
No...is a question of fact. Just because the will has such a clause does not mean that the testator actually abided by the clause and actually...
Archived
How to move assets from an LLC to a trust?
John's answer
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Answered on August 13, 2013
I see you are doing some estate planning here and using the RLT as a will substitute instead of tackling the operating agreement to incorporate...
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Archived
I want to incorporate a start-up holding company as a s-corp? What type of lawyer can assist me with this?
John's answer
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Answered on August 12, 2013
First of all you cannot have a holding company structure with nonprofit subsidiaries and a for profit subsidiary. Second, a for profit corporation...
Archived
Must the amended Certificate of Inc. be filed with the DE SoS?
John's answer
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Answered on August 12, 2013
You must file a Certificate of Amendment with Delaware. I have enclosed a link to a form-fill pdf to let you type in the required changes. It has...
Archived
Mother deceased I am only son with no will I was told I inherited her home when I sell will I owe taxes?
John's answer
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Answered on August 03, 2013
Get a broker appraisal as of date of death which becomes your "cost" in the home for income tax purposes. Substact your "cost" from e sale price...
Archived
Can a corporate veil be pierced for only 1 of 2 partners in an LLC?
John's answer
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Answered on August 03, 2013
I concur with my colleagues answers on piercing. As to individual liability vs. Joint it will depend on the nature of the claim against the...
Archived
I want to create 501c3. Mission is supporting music education in public schools.
John's answer
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Answered on August 03, 2013
1. Incorporate a nonprofit corporation under CA law....file artlce of incorporation with the secretary of state.
2. Prepare corporate Bylaws which...
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