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Questions Answered by Jonathan R. Roth
1 Answer | Asked in Business Law, Contracts and Employment Law for Massachusetts on
Q: If I am a freelance composer in outside USA, is it legal to work with USA companies with payments?

I am a music composer originating from Korea and New Zealand, which is not USA, but I am willing to work with USA companies as a freelancer. Then do I need specific thing to do before I do it, or am I just good to work, or is this up to the company that gives me work?

Jonathan R. Roth
Jonathan R. Roth
answered on Oct 12, 2017

You do not have to have a specific entity to do business with a US Company in the US. You need to contact a local attorney who understands the Tax Treaty between the US and your home country as to tax withholding and tax liability. The US company may require you to get a TIN (Taxpayer Identity... View More

2 Answers | Asked in Mergers & Acquisitions for California on
Q: What's the easiest way to merge my company with another incorporated in Nevada?
Jonathan R. Roth
Jonathan R. Roth
answered on Oct 9, 2017

There is no complication assuming both companies are corporations. You have two ways of handling the merger once you decide how you want the ending structure to exist.

1. Merger one company into the other and then file as a foreign corporation in the state which there no longer exists a...
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1 Answer | Asked in Employment Law and Contracts for Massachusetts on
Q: boss is making terminated employees sign an agreement not to apply for competitors. If refuse to sign agree what happen

I may get terminated from my job and my boss is forcing terminated employees to sign agreement to not go work for competitors if I refuse to sign agreement what can I expect

Jonathan R. Roth
Jonathan R. Roth
answered on Oct 3, 2017

First, while trying to make a non-compete agreement as part of a termination package is clever, I am not sure it is enforceable under MA law. Moreover, unless someone is properly compensated, promotion and raise or a raise, a non-compete agreement is not enforceable if not executed at the time of... View More

1 Answer | Asked in Contracts for Massachusetts on
Q: I bought a travel trailer without a title

I bought a travel trailer and was told I didn't need a title for a travel trailer and that he didn't have it but could get it. Now he tells me he Never had it but the guy he bought it from has it. I'm just trying to get the title

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 28, 2017

You need for him to get you the title or return your money. Selling the trailer without providing the title is fraud and you might have a stolen trailer.

1 Answer | Asked in Contracts, Land Use & Zoning, Mergers & Acquisitions and Real Estate Law on
Q: What would be the best way to go about buying the land or whatever?

I live on my fathers farm we raised cattle and. I have invested alot of money into the property. We share labor and equipment. I would like to figure out how to not lose the property and my investment in it when he passes i have 4 siblings. My father says i have first option to buy it in hiswill... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 28, 2017

There are a variety of ways to protect your investment in the farm. You could buy your father out now on an installment sale so when he dies, your family gets paid the remainder and the money is split according to your father's Will or Trust. Your father gives you a note which is interest... View More

1 Answer | Asked in Estate Planning, Health Care Law and Real Estate Law for Massachusetts on
Q: I am on a quitclaim deed for my mothers house, does this mean I own the house. She is going onto long term care.

I do not want the nursing home going after the house.

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 26, 2017

I assume the title is as joint tenants. Until your mother dies you both own the home. The fact she temporarily is not living there does not mean you own the home. Assuming your title is as joint tenants, when your mother passes you record her death certificate and at that point the sole title to... View More

2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Massachusetts on
Q: I am thinking about buying a house in Norton, MA with my cousin and his wife. Are there standardized contracts for this?
Jonathan R. Roth
Jonathan R. Roth
answered on Sep 25, 2017

No there is no standard agreement for this. There are a variety of issues you have to resolve. First, is this an investment property or do you intend to share the property as a home. Then there is the division of the property and contributions by each party- whether it is to be shared in two... View More

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1 Answer | Asked in Mergers & Acquisitions for California on
Q: If I as CEO of my company discover the company I've signed on to acquire has doctored its financial health records is

there any way for me to void the acquisition or get recompense for the newly discovered loss?

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 19, 2017

Yes, if what you are telling me is that they engaged in fraud by altering their books and the alterations are material such that you either would not have proceeded with the acquisition or would have changed the price and terms, then you have grounds to rescind the transaction or to sue the... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Massachusetts on
Q: Does PR need to seek court's permission to charge rent to tenant residing in decedent's 3 family home?

My mother passed away intestate in Jan 2014. Recently, I was appointed PR of the estate. In addtion to myself, my sister and brother are the only legal heirs. The estate's only asset is the family home which is a multi-family, 3 decker, located in MA. Currently, my sister resides in the 1st... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 19, 2017

This presents a complicated issue. I would go to court and ask for permission to charge and collect rent as well as sell the property, not so much as to get permission but to save you from a contest over your actions by your sister in the future. I would contact an attorney immediately for help.... View More

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions for Washington on
Q: A foreign company wants to purchase part of my LLC. Do I have to reform as a C-Corp?

As an LLC, we file as an S-Corp for federal taxes. We have an existing contract with the foreign company for services, resulting in expected revenue for 3 years. Can they purchase part of the LLC even though we file as an S-Corp? Or should we reform as a C-Corp. What then becomes of the existing... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 15, 2017

You would have to elect to be taxed as a partnership or as a C-Corp. A foreign entity cannot own part of an S-Corporation. However depending upon the purpose of the investment and the nature of how you want to operate there may be an alternative set of structures to accomplish your goal.

1 Answer | Asked in Employment Law for Massachusetts on
Q: My daughter was wrongfully fired. Her pay check is now ready. Does she have to sign to get it
Jonathan R. Roth
Jonathan R. Roth
answered on Sep 14, 2017

If they are including severance pay, then she may have to sign something. If they are just paying her wages and accrued vacation pay, then no she does not have to sign anything. I would contact an employment attorney in your area if you have more questions.

1 Answer | Asked in Civil Litigation and Personal Injury for Massachusetts on
Q: Can an organisation be held vicariously liable for the action of it employee causing harm to another employee of others?

The question is : can an employee of a company or the company itself or jointly be sued for the malicious act of that employee causing an employee of another company to lose his/her job without justification?

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 14, 2017

If the action by the company and/or the employee was with malicious intent, then it is an intentional tort. The issue then becomes whether the employee was acting within his/her official capacity or not. Anyone can file a lawsuit, the issue will be whether the action was outrageous or not and if... View More

1 Answer | Asked in Mergers & Acquisitions and Real Estate Law for Louisiana on
Q: Are we entitled to acquisition prescription since my husband has lived in this home since age 12yrs (now 50)?

He is a part owner of property since his mother passed in mid 80's. Home was owned by his grandmother, his mother. her brother and very small part to his mother's half sister. Grandmother and aunt (half sister-just passed) have passed several years back and now his 2 sisters and his... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 8, 2017

First contact a local attorney in Louisiana. As a part owner, they need your consent to sell the property or they have to file a petition for partition or the equivalent in Louisiana. You question should be under real property or taking by adverse possession. The real issue in an adverse... View More

1 Answer | Asked in Contracts and Collections for Massachusetts on
Q: If a document has been misrepresented by a plaintiff, can the defendant convince the court to rule it inadmissible?

In summons for breach of contract, Plaintiff included a 95% illegible copy of the original agreement. Over 10 months I requested a better copy or to see the original. 3 times Plaintiff sent new reproduction but still illegible & said they were unsure if the original exists. I have 2 contracts... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 5, 2017

You can argue that they failed to provide information requested in a timely manner and ask for its exclusion. There is no guarantee you will succeed. Likewise, seek permission to revise your answers to the Interrogatories based on the new legible copy. I believe you need to get assistance from... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Massachusetts on
Q: Lawsuit for injury at work then being fired

I worked there full time for about two months I injured my leg on the job, I told them about it they still had me work the next day I tried my best but could not work through the pain I told the manager I cannot work on it I need to go to a doctor to make sure it doesn't get worst I got hurt 2... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 5, 2017

Contact a workmen's compensation attorney immediately. If you do not know one, call the Massachusetts bar association and ask for a list of attorneys in your area to assist you.

1 Answer | Asked in Estate Planning for Massachusetts on
Q: What do I have to do to claim an inheritance of land in ponce that's been going on for 34 years that a few people want ?

Everyone has passed away a and now I'm receiving mail saying I'm being sued

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 5, 2017

You need to file a petition to open the estate and claim the property. Check to see if an estate was ever opened before for the owner whose name appears on the deed. First, contact a local title search company like Quirk Title and order a title for the property. Check with the probate court where... View More

1 Answer | Asked in Contracts for Massachusetts on
Q: what document i need from somebody who owes me money, to have a legal promise form him?

I borrowed money to my friend for rent (i paid rent for him), and he owes me $ 2605. He is moving out of town, and still does not have the money.

How should I formulate the statement he needs to sign, in order to have a legal promise from him, that he will pay me the amount owed?

Jonathan R. Roth
Jonathan R. Roth
answered on Aug 29, 2017

Have him sign a promissory note for the amount.

2 Answers | Asked in Estate Planning and Probate for Massachusetts on
Q: if their is 5 heirs to an estate can the oldest sibling just take it upon himself to go through dead person's things the

day he died. I am so upset very disrespectful

Jonathan R. Roth
Jonathan R. Roth
answered on Aug 20, 2017

It is the person appointed Personal Representative's responsibility to do so, or if everything is in a Trust, the Trustee's responsibility. Apart from looking for the Will or a copy of the Will, he should not have done anything by himself.

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2 Answers | Asked in Estate Planning for Massachusetts on
Q: i need a power of attorney and I live in Massachusetts. Do I need a lawyer to do this for me or can I do it myself?
Jonathan R. Roth
Jonathan R. Roth
answered on Aug 19, 2017

It does not have to be done by an attorney, but I would recommend you have an attorney do it. There are two types of Powers of Attorney, a regular one and a Durable Power of Attorney (DPOA). Most Estate Planners draft Durable Powers of Attorney. There are variations of DPOAs, immediate authority,... View More

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2 Answers | Asked in Business Law for Massachusetts on
Q: Hi, I have a friend who is still listed as president to a family business. Four years ago was pushed out by his brother.

The company stopped paying his health insurance. Are they required by law in MA. To cover him still? He has become I'll and really has needed it for the last two years.

Jonathan R. Roth
Jonathan R. Roth
answered on Aug 15, 2017

A company is not required to pay for a former employees medical insurance. However, under MA m law he would have been entitled to Cobra rights to pay for his insurance under the company plan. If he is still listed as President of the company that raises some interesting issues as to whether he... View More

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