Archived
How do I make sure my adult son will have NO say over me should I become incapacitated by age or medical condition?
Jeremy's answer
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Answered on February 19, 2011
If you were in Virginia, I would start by having you execute 4 legal documents: 1) Revocable Living Trust - to manage financial decisions, 2)...
Can I have two seperate home business under the same EIN number?
Jeremy's answer
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Answered on February 13, 2011
It depends. Many companies have multiple lines of business and divisions operating under the same EIN. If you were one of my clients in VA or MA...
Archived
Can a shareholder of a private corporation get a line of credit against their shares?
Jeremy's answer
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Answered on February 12, 2011
It is possible to use shares in a privately held corporation as security for a line of credit. However, first you must first look at the bylaws...
Archived
Can the court step in when the administrator of an estate is not performing his duties?
Jeremy's answer
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Answered on February 12, 2011
When a Personal Representative (Executor/rix or Administrator/rix), charged with the administration of a probate estate, breaches his/her fiduciary...
Archived
What supporting documentaiton is required to obtain durable health care power of attorney for an 18 year old with Down Syndrome?
Jeremy's answer
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Answered on February 10, 2011
In Virginia and Massachusetts a Principal must have the appropriate capacity to execute a legal document, such as a Health Care Power of Attorney. ...
Archived
When an executor is finished distributing the assets of a Living Trust, does he then have to close it officially in a court? Is
Jeremy's answer
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Answered on February 08, 2011
Generally speaking, people create Revocable Living Trusts ("RLTs") to avoid oversight by the probate court at times of disability and/or death. ...
If i disclaim property into a disclaimer trust ..can i sell the property out of the trust at a later date for my benefit??
Jeremy's answer
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Answered on February 08, 2011
The answer is "it depends." Assuming you disclaimed the assets into the trust as a individual beneficiary (within nine months of the death by a...
Can an Attorney who prepares a trust for a client also be the successor trustee of that same Trust?
Jeremy's answer
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Answered on February 06, 2011
As a VA attorney, I am unable to speak specifically to CA law. However, in VA, a drafting attorney can be named as a successor trustee in the...
Archived
Guardian ad Litem to busy to really investigate...
Jeremy's answer
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Answered on February 06, 2011
Generally, if an interested party feels that an appointed GAL is not administering their responsibilities appropriately, that party may wish to...
Archived
Is it legal to present power of attorney form to someone in a mental hospital?
Jeremy's answer
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Answered on February 03, 2011
Generally speaking, a person must have the appropriate mental capacity to execute a document such as a General Durable Power of Attorney. There...
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