I am the only person in the LLC and need to switch the property so I can refinance. I would like to know which forms to fill out so I can take it to the courthouse to file.
I am going to agree with the other fine lawyers who have responded to this . . . mostly. If the deed would transfer ownership of real property from a limited liability company to you, you would be practicing law without a license by preparing a deed "for the limited liability company." If real estate law consisted of only filling in blanks in forms, we would not have to take all those incredibly difficult real property courses during 3 years of law school. There will be capital gains tax impact of some kind to this transfer. And if there is a mortgage (which I assume there is because you want to refinance) the debtor company will be instantly in default by conveying the real property to you. Instantly. I am going to assume that you are personally obligated on the mortgage as a co-maker or guarantor because I cannot imagine a lender not requiring that. If the only asset of the company is this real property, you might consider a dissolution with the consent of the mortgage lender. Or, you can just Google for a Warranty Deed and screw it all up.See question
My cousin was trustee on the check and didn't have any way of getting it done can I get it cashed?
Signing another person's name on an endorsement is called forgery. Its a crime.See question
My mother died in 1997, her will was not probated because she had nothing, she was almost 90 yrs old and died in a nursing home. a distant relative has died without a will, and there is some money coming to mothers estate. Funds have been deposite...
You should repost this question using a Florida city. That way you may get Florida attorneys to respond. Probate laws vary from state to state. You are correct that you cannot probate your mother's Will more than 4 years after her death. There are other options. However, if your mother died before the distant Florida relative then she could not inherit from that relative. It is not possible in any state for a deceased person to inherit. So, there is something wrong in the Florida probate.See question
My Dad, I believe has Durable and General Power of Attorney, and Medical, as well. He had gone to our credit union to get the forms signed, witnessed and notarized, and then filed with the Count Clerk's Office. Is it valid without a lawyer involve...
The validity of a power of attorney has nothing to do with having a lawyer involved. The usefulness of the power of attorney depends greatly on whether or not a lawyer drafted or approved it. Forms are available on the internet. That does not mean they are adequate or comply with Texas law. So, they may be fine or they may not.See question
member is not pulling his weigh and is leaving town. the entitiy will not be successful with 26% of the interest not contributing labor and being engaged.
The simple answer is "no", unless the Company Agreement specifies a buy-back procedure triggered by an event that has occurred. You do have a Company Agreement signed by all members, right? I mean the lawyer you hired to create the limited liability company and advise you on the possibility of needing to acquire a membership interest put that in the Company Agreement, right? I am obviously being sarcastic. It is to illustrate just one of the problems created when individuals do not consult with a lawyer when creating a limited liability company either by themselves or using some online provider. If there is no Company Agreement containing a mechanism to redeem the membership interest under the facts you provide, then you should consult with an experienced business attorney to evaluate your options. There are a few.See question
My son wrote a will in 2003 giving me, his brother and sister his estate. Not that it is much. He married in 2012. And died Dec 9 of this year. His wife said when she married him that made the will null and void. So she is his heir. There really i...
I am very sorry for your loss. The 2003 Will is not invalidated simply because he married in 2012. But, it must be admitted to probate before it has any effect. Also, if he wrote it himself it may be invalid for any number of reasons. A lawyer would have to review it to determine that. If the truck was purchased during his marriage, then it is community property regardless of how it is titled. Heirs do not inherit debt, only property. So, I do not see how you could have to pay for something you don't possess unless you co-signed the loan to purchase the truck. If you did, then you are liable for the full amount of the loan regardless of the probate of the Will.See question
My mother passed away recently. I have a will from her, from 1992. It looks to me like it's a copy (though it's somewhat difficult to tell), and I'm sure I won't be able to find the original, if this is a copy. There is nothing in the will other t...
Excellent question. It is possible but extremely difficult to get a copy of a Will admitted to probate. You can imagine why. It is rare that an attempt to do so is successful. If your mother was a Texas resident at the time of her death and 4 years have not passed, it is possible to apply to be appointed the "independent administrator" of her estate if your brother consents. The Independent Administrator could be given all of the powers of an Independent Executor, including the power to sell real property. The estate would pass to her heirs, which would be her children under the laws of intestacy in Texas. So, if you and your brother can agree you can end up in the same place as if her Will were admitted to probate and you appointed independent executor. I have not discussed the many other reasons that her Will might not be admitted to probate. A lawyer would need to review the Will to determine its adequacy on other issues.See question
My sister and I are co trustees for my mother's trust. We bought property with houses for my mother and my family on it. My sister told me that the lawyer approved it; however, now she says that she never said that. My mother got angry and moved...
If the trust beneficiary sues one co-trustee but not the other co-trustee then the co-trustee who was not sued would not be liable because she/he was not sued. A co-trustee who believes that there may have been a breach of fiduciary duty by another co-trustee should seek representation immediately.See question
I am certified phlebotomist out of Texas and want to start own mobile phlebotomy business. For now I will be working from home so I need to know what steps to take to get started such as license, permits, dba, llc, etc. please help. Thanks
Many more facts would be need for an analysis but in general the default entity in Texas is the LLC or limited liability company. Especially for a single owner, it provides several advantages but you really should consult with a business lawyer and a CPA before beginning. As to assumed name filings (dba), you will only need to do that if the LLC conducts business using a name different from its organizational name. I suspect you will need to develop a standardized contract to use with the entities who will contract with you to provide this service and I would think you would want a release form to be signed by the patients.See question
I have been performing paralegal support as an independent contract to attorneys throughout the United States for a couple of years. I am ready to open a company which will provide virtual, freelance paralegal support on an as-needed basis as an i...
Without question a limited liability company would be the entity of choice based on this fact situation. I do recommend you consult with a CPA for tax advice but the LLC form will have much less ongoing "maintenance".See question