Archived
What do I do as executor when the power of attorney won't give up control or allow access to documents and property?
Gilbert's answer
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Answered on August 22, 2018
Please also note that most powers of attorney terminate upon the death of the grantor. So, your sister likely no longer has a power of...
How can my ex-husband take money from my daughter's UTMA when he was not custodian?
Gilbert's answer
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Answered on August 22, 2018
The custodian of any custodial account for a minor has the fiduciary duty to manage the money in a prudent fashion for the benefit of the...
Archived
II am trying to determine whether to use employees or contractors for a new startup LLC.
Gilbert's answer
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Answered on August 22, 2018
I'm not sure that your question can be answered so simply.
The IRS has rules that govern how they will treat certain people, whether as employees...
Archived
Can I file Rule 60 knowing that it hasn't been a year against Property Management of behalf of the following? (Revised)
Gilbert's answer
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Answered on August 22, 2018
From a Rule 60 standpoint, a motion must be made within a reasonable time, so timing is not the issue. Rule 60 requires that you show "fraud" or...
Can the step adult children take me to probate?
Gilbert's answer
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Answered on August 14, 2018
I agree with the other answers, and write just to point out some general issues.
The fact that the step children never lived with you is...
Archived
Regarding the USPTO, how do they determine ownership of trademark in the following situation?
Gilbert's answer
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Answered on July 31, 2018
I agree with the fine answers given above.
A fundamental concept of trademark law is that the ownership of a mark goes to the first-to-use, and...
How do I bond around a lien??
Gilbert's answer
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Answered on July 26, 2018
By obtaining a bond, you are substituting a surety bond for the ability of the lienor to use the property to satisfy the lien. And, likely you are...
Should I register my physical address as my llc business address if I am going through a divorce w possible division of assets?
Gilbert's answer
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Answered on July 26, 2018
When forming an LLC, the Articles of Organization require you to disclose the name and business address of the "member" of the LLC that is forming...
Archived
Can my employer garnish my paycheck without notice?
Gilbert's answer
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Answered on July 26, 2018
While I agree that you may not want to make a big issue of this, if in fact you charged items to the company credit card.
I write separately...
Archived
How do I revoke my warranty deed in North Carolina?
Gilbert's answer
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Answered on July 19, 2018
I agree with the previous attorney.
Note, however, that a warranty deed is one in which the grantor (seller) guarantees that he or she holds clear...
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