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Randall D. Fisher
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Randall Fisher’s Answers

12 total


  • Do we need a separate LLC to protect houses we are buyiing to rent? And work comp or liability ins for independent contractors?

    canWe live in MD. I have an LLC as a therapist providing services in private office. My husband has a proprioetorship in construction. Together, we started buying houses and renting them. He is fixing house #3. We have been advised to turn his com...

    Randall’s Answer

    You need to reorganize your structure completely because your names are both on the title to the rent houses, creating a potential for a claim against both of you. I would have a rental LLC in Maryland or a series LLC in Delaware. You also want to insure that your workers either have workers comp or liability of their own before you let them work on your property. Feel free to contact us to discuss further at www.thefisherlawoffice.com.

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  • Estate planning

    how do I set up an estate

    Randall’s Answer

    To set up an estate plan you have to make some basic decision.

    First, if you die, what do you want to happen to your possession? Do you want it to go to a spouse? Do you want it to go to your children, if any? Are they capable of managing and not squandering those assets? Who is going to direct the distribution of those assets?

    Second, what if you don't die but become ill? Who is going to help you with medical issues?

    Then you need to see a lawyer that is versed in Virginia estate planning. Virginia has distinct estate planning issues that are different from North Carolina, the District of Columbia or Maryland.

    Be certain that you check credentials when you hire the appropriate attorney.

    Good Luck.

    Randy Fisher

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  • Estate Planning Guardianship ?

    We currently live in NC but will be residing and working in Asia by the end of the year. We are trying to do estate planning and have minor kids. We own no property in the USA and we will be getting our mail sent to a GA PO Box and sent to us i...

    Randall’s Answer

    Residency relies on several different issues. Guardianship relies on an estate plan and the appropriate documents. In Maryland, you can get there by a will or a durable power of attorney. You should work with counsel in North Carolina and the state where your designated guardians live to determine the best course.

    Randy Fisher

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  • How can I find out if there is a will for my parents if my sister and I are on the outs

    My mother just died and my sister cut all ties on me. I know there was a will but I don' know if she changed it and if so how can I get a copy of it

    Randall’s Answer

    In most states, the process of probating a will requires that it be filed with a court of the appropriate jurisdiction. I would contact the courthouse in the state where your mother resided to inquire in which court wills are filed. I would then contact the clerk of that court to see if your Mother has a will on file at this time.

    Good luck,

    Randy Fisher

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  • Can I decline an inheritance but at the same time direct it to someone else in my family?

    I would prefer that my children receive it.

    Randall’s Answer

    In most states, the process of disclaiming an inheritance allows you to avoid receiving it, but does not allow you to direct it. You should check with local counsel for the implications of disclaiming the bequest. It may end up with your descendants, anyway.

    Best regards,

    Randy Fisher

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  • How do I determine my state of residence for estate planning purposes

    I am currently residing in NC but moving to Asia this year because of employment and will be there for several years. I will use a PO box in GA for my mail. I am trying to figure out what state I will be considered a resident of for tax purposes?

    Randall’s Answer

    Areas that are viewed for residency include where you own property, where you may pay income tax, where you vote and where you have a driver's license. If you are going to be overseas, you also have the option of not owning any property in the U.S. and becoming an expatriot. You should check with your tax advisor for the best option.

    Best regards,

    Randy Fisher

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  • What is the procedure to begin a Will contest in KY

    My wifes father passed away the 12th of October, 2008. Her father had bonds and pension from his employment for over 15 years. He since then has remarried. When her father and mother divorced it stated that any pension and all bonds her father had...

    Randall’s Answer

    This is a family law question for a divorce lawyer in Kentucky. You should review it with counsel there.

    Good luck,

    Randy Fisher

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  • How to determine state of residence in preparation for our estate planning

    Currently living in NC because of employment will be moving to Asia this year. Will have mail sent to GA PO Box. I am trying to do estate planning and tax planning and trying to figure out what state I will be considered a resident of to deter...

    Randall’s Answer

    All states view residency differently. One quick consideration is where is your driver's license, where do you pay state income tax (if any), and where do you vote.

    Your question mentions moving to Asia. I would work with an attorney in the state you choose to set up documents that will deal with your foreign residency.

    Good luck,

    Randy Fisher

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  • Can I create a series llc in the state of Maryland using online services that charge a fee for creation?

    I own 4 rental properties with different business partners and want to protect my personal property from liability. All properties I own are located in Maryland. Can I use an online service to create a series llc?

    Randall’s Answer

    Maryland Law does not allow for a series llc. Depending on the issues you have, you may wish to consider a Delaware Series LLC. Additionally, I would consider a Delaware Asset Protection Trust in the mix. In all cases, I would consult with a lawyer before setting up anything.

    Should you have any further questions, feel free to contact my office.

    Best regards,

    Randy Fisher

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  • Can you pay expenses from a personal account (as executor) as long as you keep solid accounting records?

    The reason I ask is there is no liquid cash left in the estate to cover funeral expenses, mortgage paymenst, etc., until the house is sold. I could potentially ask for a line of credit on the home, but I hate to pay costs for that when I have the ...

    Randall’s Answer

    You should discuss this with the lawyer that you are working with to probate the estate. I would consider contacting the beneficiaries about providing a loan to the estate and get court approval before you disperse any cash. I would not simply write a check for the expenses and then expect to be repaid. You need court approval before you act.

    Please feel free to call my office to discuss if you have further questions.

    Best regards,

    Randall D. Fisher

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