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Scott W. Meier

Scott Meier’s Answers

10 total

  • I'm a PR, what document do I file to seize a commercial vehicle that is part of the estate, but the person refuses to deliver it

    actually there are 4 commercial vehicles that my husband used in a loosely (no accounting records, etc) ran tranport business. They are parked in a business lot, the person that worked with my husband keeps promising to work with me to sell the v...

    Scott’s Answer

    You may want to consider a Writ of Replevin. Replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession. It is a legal process where a court may require a defendant to return specific goods to the plaintiff at the outset of the action (i.e. before judgment). Whether the person fights the replevin action is another matter. Typically, I have seen most defendants default by not showing up, allowing the court to issue the writ.

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  • Can a minor open a DBA account?

    Two brothers ages 11 and 14 have a lawn mowing business and they want to open a DBA account at a financial institution for their business. Their parents do not want to be on the account.

    Scott’s Answer

    The two boys do not have legal capacity to open a bank account. That is why the bank requires an adult (i.e., parent) to be on the account.

    The same holds true regarding the writing of checks from the account. Based on their age, they would not have the legal capacity to write and/or sign the checks. Theoretically, the boys could issue a check and then, upon turning 18, demand that the payee return the money because the payor lacked capacity to issue the check.

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  • I'm a lien holder on a vehicle. Trying to get it back due to non payment. What can I do to get the vehicle back.

    I have a promissory note and I'm a lien holder on the title. I have not received a payment in 7 months. I located the person who bought the vehicle he is in jail but still can't find the car. What options do I have since they won't tell me where i...

    Scott’s Answer

    Since the debtor is in default, I would seek a Writ of Replevin from the Court. A Writ of Replevin tells the court that you are entitled to the vehicle based on the default and would like the court to assist in getting it. The court will set a hearing date and ask that you serve the debtor with notice of the date of the hearing. At the hearing, the court will ask the debtor why the court shouldn't issue the writ. It has been my experience that typically, the debtor either fails to show or cannot satisfactorily explain why the court shouldn't issue the writ. Once you have the writ, you can seek help from the Sheriff's department to pick up the vehicle.

    This isn't terribly complicated, but I would advise seeking legal help as there are procedures that would be foreign except to an experienced attorney.

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  • How long after a person dies does the willand or trust needs to let people in it know what they will receive

    my uncle died he was a billionare and he told me that me and my sisters would recieve stock but we have not heard any thing about his will orwhat was in trust

    Scott’s Answer

    It depends on whether it is a Will or a Trust. If it is. Will, the process is governed by the Wyoming Probate Code. These statutes require the filing of the Will (10 days from the date of death) and then administration. Court supervised administration, I.e. probate, is required for any net probate estate valued at more than $200,000. Probate involves the marshaling or gathering of all the estate assets, making an inventory of those assets (as of the date of death), paying all valid creditors and then distributing the remaining assets to the heirs or beneficiaries. If you are an heir or benefciary, you should get copies of all documents. The process usually takes about 6 - 9 months. It is also a matter of public record, so anyone can go to the court and review the probate documents.

    If the estate is administered through a trust, the Wyoming Uniform Trust Code applies. The process is similar to the probate, but usually no court involvement. Again, the trustee will satisfy what obligations required under the trust agreement and then distribute the trust assets. Here, however, the distribution is subject to the terms of the trust agreement. That means the Settlor, or person who has the trust created, describes how he or she wants the distribution to take, to whom and when.

    Unlike the Will, the only ones entitled to see the trust agreement or receive accountings from the trustee are the beneficiaries (and the Settlor). In Wyoming, a trust can exist for a long time. Without reading the trust agreement, one cannot say when distributions might take place.

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  • I was named executor of my mother's estate. All consent forms were signed except one. She refuses to sign because she said she

    should be entitled to some part of the estate. She was not given anything as she is not a child of my parents. My parents raised her but was my sister's daughter. Can she contest the will?

    Scott’s Answer

    I am not sure what you mean by consent forms, but if she is unwilling to cooperate, you may need to have a hearing before the probate court to finalize the estate. I suppose she could contest the Will (usually, the statues provide a time limit in which to file such an action), but she would have to prove either a mistake occured (e.g., your mother thought she had passed away) or that your mother intended to give her something, but was subject to undue influence. Both would be very difficult to prove. If the estate is not currently being represented by an attorney, I suggest contacting one in your area to discuss the issue.

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  • Are there any free templates to create a single owner llc operating agreement?

    I would like to create an operating agreement for my new LLC and would like to know if there is anyplace where I can obtain a template or sample single owner LLC operating agreement?

    Scott’s Answer

    You could call an attorney, but remember, their work, time and advice is their stock in trade, so most would be reluctant to give you one of their forms. I would look on the web or at your local library. I would also check a law library with your local courts. Our Supreme Court has an extensive law library that does include some form documents. If you have a las school close by, see what they have in their law library.

    Remember, the time you spend with a local attorney in drafting your operating agreement may save you more time in the long run as the attorney will know how California law may impact your agreement. Form documents are often generic and contain language that is unnecessary.

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  • I am a co-signer on a car loan and the bank is taking me to court. What can I do?

    My husband and I are going through a divorce. I co-signed on a truck loan that he is refusing to pay. Now the bank is taking me to court. I barely earn enough income to take care of my own debts, let alone his. The bank told me they would start ga...

    Scott’s Answer

    Generally, the bank will take the path of least resistance. I would consult with a local family law attorney and see what your options are with respect to the divorce, especially if the court has already entered a decree of divorce.

    I would also review the loan documents to make sure the terms of the loan were not changed from the time you signed as co-signer to the point of collection.

    The next thing I would do is to make sure the bank has taken reasonable steps to collect from the debtor himself. Does he have wages or saving the bank can garnish?

    If the terms of the loan have not been changed and the bank has taken all reasonable courses of action to secure payment from the debtor, you may be in a tough spot. I suggest talking to the bank and seeing if you can work out some sort of payment plan.

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  • Mother died without will has four siblings who does property get divided

    is a trust durable or the best way to dispose of property

    Scott’s Answer

    If your mother died without a Will, she died intestate. That means the state's intestacy statutes will govern how her assets are distributed. Distribution is often determined by who survives her (i.e., spouse, parents, children, etc.) If it was your mother, you may be entitled to some of her estate. You should check with an attorney in your location.

    As to the trust question, a trust is durable if you are refering to whether it is effective after the death of the settlor (the person creating or funding the trust). It can be an effective way to distribute assets, but typically they cost more to create than a Will. Again, you need to check with an attorney in your state to determine if the costs of setting up and maintaining a trust is worth the potential benefits (i.e., avoiding probate).

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  • My sister was executive over my mothers will, she did not list the 32,800 that was in a safe deposit box . How do I get my half?

    My sister didn't list the money on her paperwork with the courts and now she refuses to give me half. And my share of the rest of real estate sell on my moms and dads estate. What can I do?

    Scott’s Answer

    It appears your sister is unwilling to cooperate. As such, you may need court assistance. If your sister has opened a probate estate, as the executor / administrator / personal representative, she needs to file an inventory. This is where the executor / administrator / personal representative should list $32,800.

    If the inventory is incomplete, send your sister a letter and ask for an explanation concerning the omitting of the cash. If she acknowledges omitting the cash but refuses to correct the mistake, you can bring the issue to the probate court’s attention. Generally, you can accomplish this by either filing a petition with the court or raising the issue at the time the court has a final hearing regarding this matter.

    If your sister denies the existence of the cash, you will need to provide the court with some evidence the cash did exist. Unless you were present when someone opened the safe, this may be difficult.

    If your sister has not opened a probate estate, you can probably petition the court to open a probate estate where you can raise the issue of the inventory.

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  • Trust/Estate/Contract question.

    I took care of this nice old man for 6 years before he died. He promised to pay me $10,000 per year, but didn't. He died six months ago, and all his assets were put into a living trust before he died. I want my $60,000. I don't see any probate...

    Scott’s Answer

    It appears you have an oral contract. The problem with oral contracts is defining the terms of the contract. That is especially true since the person with whom you have contracted has now passed away.

    Some states allow creditors to open probate estates. Assuming you can establish the existence of the oral contract and its terms, you as a creditor could open a probate estate and file a creditors claim seeking payment on the contract. Timing is critical, so don’t delay.

    You may be able to sue the trust, but you would need more information regarding the trust itself (i.e., the type of trust, the terms of the trust agreement, the assets in the trust, etc.). Generally, you cannot use a trust to hide assets from creditors.

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