Archived
Will I be subject to NYS estate tax for ownership in a closely held S corporation that is an operating business?
John's answer
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Answered on November 18, 2016
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...
Archived
Possible financial abuse of POA by daughter - how to investigate?
John's answer
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Answered on November 18, 2016
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...
Archived
Me and a friend opened up an LLC a few years ago, no operating agreement, both are listed as MGR, my friend wants to leave how?
John's answer
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Answered on November 18, 2016
prepare and execute a Membership Purchase Agreement and General Release. This will make it clear that you are buying out his membership interest...
Archived
What steps if any are needed for an heir at law of intestate in New York need to take?
John's answer
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Answered on September 20, 2016
Do not waive any rights to the estate which cannot be accomplished absent you filing an appropriate Disclaimer with the Surrogate's Court as you...
Archived
Multiple DBAs under one LLC. DBA to LLC conversion.
John's answer
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Answered on September 20, 2016
You can -- but in all likelihood not advisable for a variety of reasons, primarily the risks of 2 different businesses and the respective...
Should I put my LLC into my Trust ?
John's answer
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Answered on September 20, 2016
My colleagues all give excellent points. I only add that the specific goals need to be identified here first before recommendations are made. For...
Archived
What corporate entity structure should we use for our business?
John's answer
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Answered on September 20, 2016
There are not enough facts presented to give a solid answer on structuring the entity as a subsidiary corporation (or a single member LLC) of the...
Archived
WC INSURANCE IN NY STATE FOR NEW BUSINESS WITHOUT PRIOR HISTORY? GUIDELINES & MINIMUMS?
John's answer
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Answered on September 20, 2016
There are exceptions to the requirement of requiring WC insurance (and DBL)....your facts do not state so specifically but I am assuming you are...
Archived
If I receive a stipend through my graduate program should I be exempt from paying FICA taxes?
John's answer
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Answered on September 20, 2016
Your stipend is not subject to self employment tax as the award is not "wages". See IRS publication 970 (link enclosed)...
Archived
What happens to an estate if there is no will?
John's answer
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Answered on September 20, 2016
The NY Court System has a nice web page that you can access per the enclosed link. It also has an imbedded link to the particular statute if you...
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