If I am a beneficiary to my mother's estate, and she has died, shouldn't I have a right to the house key?
Eric's answer
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Answered on February 20, 2014
The personal representative takes possession of the decedent property. The attorney represents the personal representative, not the beneficiaries...
Archived
Treatment of LLC distributions to partners having equal equity but different debt contributions.
Eric's answer
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Answered on March 05, 2013
Start by looking at your LLC Agreement/Operating Agreement. If the question is not answered there, then look to State law on liquidating...
Archived
For a solo medical practice will incorporation provide asset protection over and above the protections of malpractice insurance?
Eric's answer
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Answered on January 04, 2013
As a physician you will be responsible for your negligence whether in an entity or not and that should be covered by malpractice. The "protection"...
Archived
A person wants to buy the assets and the shares of a privately owned C corp. Are these two separate transactions?
Eric's answer
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Answered on January 04, 2013
You wouldn't purchase the assets and the company, you would purchase one or the other. If an unrelated purchaser purchases the assets, then the...
Archived
When a person buys a corporation does the depreciation on the assets start over?
Eric's answer
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Answered on January 04, 2013
Not if you purchase the ownership of the corporation (i.e. shares of stock).
Archived
CanI force a Subchapter S corporation to honor it's agreement to close and complete a purchase and sale as agreed
Eric's answer
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Answered on November 14, 2012
Look at your shareholder agreements. There might be something in there (or your state law) about if one shareholder dissents he or she can be...
Archived
Is there a statue of limitations from the time you file your IRS return and the IRS can say you owe them money??
Eric's answer
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Answered on November 13, 2012
Is this a personal return? Normally there is a 3 year statute of limitation from the later of (i) date of filing the return, or (ii) the date the...
Archived
Can someone act as Executor of an estate when no relating documents (like a will) are filed with public records or probate?
Eric's answer
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Answered on November 13, 2012
Wills can be change anytime prior to death. No one is an executor until after the person dies and the Will is admitted to probate. Look at court...
Archived
Is it uncommon for a person to make their lawyer or a lawyer the executor of their will?
Eric's answer
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Answered on November 13, 2012
No it's not. But the lawyer will disclose to you certain things, including the right to charge separate legal and personal representative fees....
Archived
Is it a good idea for asset protection to make a living trust the only member of an LLC?
Eric's answer
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Answered on November 13, 2012
Hopefully you sough the advice of an attorney in drafting your living trust. If so, speak with him or her. Recent case law involving single member...
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