If an asset is omitted from an estate inventory in a probate case, does that asset still pass through the deceased's Will?
Orsen's answer
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Answered on April 24, 2013
The language of John's Will is going to be crucial. Even though probate occurs after the date of death, the passage of ownership of property...
Archived
Concerning money received from an LLC, what distinguishes income from capital distributions?
Orsen's answer
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Answered on April 24, 2013
A capital distribution is a payment in redemption of ownership. Income is a payment because of ownership. I think if the money received was not...
Archived
In Texas if a Roofing Company is an LLC and they take your money and never put a roof on can you sue them in civil court?
Orsen's answer
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Answered on April 22, 2013
Being an LLC has nothing to do with it. Yes, you can sue the LLC. That is how you get a judgment. Getting a judgment is how you attach assets.
Archived
We're in Texas. We have a failed restaurant operating under an LLC. We had at least two payroll checks bounce.
Orsen's answer
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Answered on April 22, 2013
If you signed the checks you may be personally liable for them. I know "it depends" is not what you want to hear but this site cannot give...
Archived
I fired my lawyer for good cause. He threatened to file a lien, but how long does he have to file it?
Orsen's answer
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Answered on April 21, 2013
First, hire a new lawyer. Second, ask him/her. An attorney does not have the right to assert a lien against any of your property regardless of...
Archived
What is the statute of limitations to file a small claims suit in Texas?
Orsen's answer
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Answered on April 21, 2013
The Statute of Limitations is not dependent on which court you are in. It depends on the type of claim. Suits for damages based on contract or...
How to set a court hearing date in Collin county district court, Texas?
Orsen's answer
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Answered on April 21, 2013
I believe you may have misunderstood the clerk. First, the local rules for the Collin County District Court are available online. A trial date is...
Archived
We are refusing delivery of a product after customer threatened to dispute credit card payment and will issue refund
Orsen's answer
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Answered on April 21, 2013
You have a typical business legal problem. It is not unusual but it is fact intensive. That means that the best course of action for you will...
Archived
If my civil suite has a affidavit of account do i have to have a sworn general denial
Orsen's answer
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Answered on April 21, 2013
Not only must the answer be verified but it must contain a specific denial that the account as alleged is due and owing. If the defendant cannot...
Archived
Is it worth it to sue the dealer and lender for forging my signature? How much am I entitled to?
Orsen's answer
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Answered on April 21, 2013
No one can evaluate your damages or the chances of a successful lawsuit based upon 5 lines of explanation and you wouldn't want to rely on that...