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Questions Answered by Julie King
1 Answer | Asked in Business Formation, Business Law, Tax Law and Trademark for California on
Q: i have my own business and i went as far as paying for my trademark do i have to pay taxes on my business still?

i have not have my wedsited just yet or business cards, i havent even hired no one and i just want to know if i have to files for the business and even if i got my ein number

Julie King
Julie King answered on Feb 21, 2021

If you are taking about income taxes, the answer will depend on whether you have any income. However, you must remember that there are MANY kinds of taxes. If your business is incorporated or a limited liability company, you must pay the minimum of $800 per year franchise tax. I assume you have a... Read more »

2 Answers | Asked in Contracts and Estate Planning for California on
Q: Our mom died now my sister and I are the equal owners of her trust. I have a 25 year contract to farm the almonds

The lease states: “if the property is sold during the term of the lease the lease shall terminate and the lessee shall be entitled to the sum of $5000 per year for all years remaining on the lease as liquidated damages.”

If I buy the property before the lease is over does the trust owe... Read more »

Julie King
Julie King answered on Feb 21, 2021

You don't say with whom you have a lease. If you inherited the lease from your mom, it wouldn't make sense for your mother to lease the land from herself. If you had a lease with your mother, it is possible that you are owed that money from the trust, but a lawyer would have to read the... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: What rights does a lawyer for an attorney-in-fact DPA for finances as agent for the Trust beneficiary/principle have?

A beneficiary's DPA's lawyer is asking questions/contesting about the administration of a Trust for which I am the Successor Trustee. Does the DPA or his lawyer have rights to intervene in the Trust Administration on behalf of the beneficiary?

Julie King
Julie King answered on Feb 21, 2021

Most likely yes, but it will depend on the language in your particular Durable Power of Attorney. Each power of attorney contains different language, so we would have to guess what yours says in order to answer your question specifically. If you are concerned about whether you are administering the... Read more »

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3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for California on
Q: Regarding EIDL loan

I receive an email today from SBA.gov and they asked me for the following information.

Why would they ask me for this information now when I already got approved?

They are also asking me "A statement that the LLC held a meeting and specify the date" I don't hold... Read more »

Julie King
Julie King answered on Feb 19, 2021

Corporations are required by law to have annual meetings and prepare board resolutions addressing topics such as accepting government assistance. LLCs are not required by law to have these meetings or prepare resolutions, although many lawyers recommend LLCs do so anyway. The request you received... Read more »

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: In CA, what what happens to the probate fees if you, the sole beneficiary of the decedent's will, decide to waive them?

For example, In the case of a simplified probate where the decedent only had their share of the house that they shared with two other people (including the adult child) and that share were to be passed down to the adult child via Will. Since the adult child is entitled to receive that remaining... Read more »

Julie King
Julie King answered on Feb 18, 2021

It depends on what fees you are taking about. If the executor's fees or administrator's fees are waived, then no one needs to pay them. But you cannot waive the fees required by the court. Those must be paid. I hope that helps!

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: In CA, what happens to co-borrowed mortgage in the event one of the borrowers dies?

For instance, a married couple decided to borrow a mortgage together. However, some years later one of the borrowers dies. I understand that the surviving spouse takes over the payments assuming they are still financially able to, but wouldn't part of the mortgage be part of the... Read more »

Julie King
Julie King answered on Feb 17, 2021

It depends. California is a community property state so, assuming the debt is a joint debt, it's likely either spouse will be required to pay the full amount due -- but it will depend on the language in the paperwork you signed when you originally received the loan. A lawyer would have to read... Read more »

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2 Answers | Asked in Estate Planning and Probate for California on
Q: Can I put a minor on the Transfer on Death Deed for my house IF I designate a UTMA custodian for the minor in my will?

Everything I read says minors can inherit property, they just won't be able to assume the loan, get a new loan, etc. By completing a TOD Deed for my house in my minor child's name AND having the UTMA Custodian for my minor child designated in my will, I am hoping to avoid probate and... Read more »

Julie King
Julie King answered on Feb 12, 2021

It would be much better to set up a trust and put the property into the trust. You can set any parameters you want around when and under what circumstances your child can take over the property. In short, you would have much more control using a trust. Best wishes.

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3 Answers | Asked in Estate Planning and Probate for California on
Q: Does California probate code 10800 apply if there is a will and a revocable trust in place?

My mom is 93 years old. She has bank accounts worth approximately $50,000.0, and her home is worth approximately $500,000.0.

We are setting up a revocable trust for all her assets. We have also created a last Will and Testament.

Ca. probate code 10800 implies that the executor shall... Read more »

Julie King
Julie King answered on Feb 12, 2021

If your mother has a trust that is properly drafted and she put her assets into the trust as required, then then language in the trust will control and you should avoid probate. In that case, the code section you cited will not apply. But I must say one thing: there are some areas of law that... Read more »

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1 Answer | Asked in Estate Planning for California on
Q: If i inheret a home from my uncle with a living trust what can be expected to sell the home?
Julie King
Julie King answered on Feb 8, 2021

I am not sure if your question is "when" can you sell the home or "what can you expect" insofar as your home selling experience. I will start by saying that a Trustee must wait at least four (4) months from the date of death before the Trustee can distribute assets from a... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: My dad passed and did not leave a will. My older sister got approved to sell the house but I have not heard from probate

Can she sell it and keep all the money without splitting it with us? Are is there something I need to do on my part?

Julie King
Julie King answered on Feb 8, 2021

When the property sale goes through escrow, your sister should not be able to sign your dad's name. Even if she had a Power of Attorney, it would have become void at your dad's death, so your sister could not use that to sign his name. The proper way to transfer the assets is to go... Read more »

4 Answers | Asked in Consumer Law, Personal Injury and Products Liability for California on
Q: Broke my filling while flossing. No warning on floss packaging about potential issue. Bough floss at walmart. case?

I was flossing and accidentally broke my filling. I used the floss as advertised. There is no warning on the flossing package of the possibility of breaking a filling. Is it worth sueing the floss company for not including a warning on their packaging to get them to put a warning on their packages?... Read more »

Julie King
Julie King answered on Feb 7, 2021

People all over the country floss daily without having fillings pop out, so I would say it is much more likely that the filling was loose before you flossed. But, if you chose to sue, you would end up spending many thousands of dollars more than you would just getting a new filling -- and you would... Read more »

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5 Answers | Asked in Estate Planning and Probate for California on
Q: In the state of California, if the decedent has 6 surviving children and no will, how is the exe or admi determined?

6 children, no will. Does oldest child automatically become administrator of any estate? If yes and other children wish to contest that appointment, is that possible?

Julie King
Julie King answered on Feb 1, 2021

There is nothing in the law saying which person is automatically assigned the role of Administrator. (That's the title of the role when there is no will. If there is a will, the title is Executor. If there is a trust, the title is Trustee.) Anyone can ask the Court to appoint them as... Read more »

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2 Answers | Asked in Estate Planning and Probate for California on
Q: For California probate, is the decedent's home equity a separate asset from their interest towards their house?

For example, the decedent is a tenant in common with 2 other people, with 1/3 interest in the house. The house's gross market value is about $400,000, however only 1/3 of that counts towards their estate. So does their estate also include 1/3 of the equity as a separate asset in addition to... Read more »

Julie King
Julie King answered on Feb 1, 2021

The one-third owned is one entry in the probate documents. Equity is not a separate entry. Best wishes.

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1 Answer | Asked in Estate Planning and Probate for California on
Q: This is a case of a dispute in a Trust. The beneficiaries are not agreeing.

NA

Julie King
Julie King answered on Jan 22, 2021

Unfortunately, this forum is for quick answers to general high-level questions, so other readers could review and gain general information from both the question and answer. It would take a lawyer some time to read the documents and give you a specific analysis to your specific situation. Since... Read more »

3 Answers | Asked in Estate Planning for California on
Q: If a child dies a is rewards money, who usually has rights to his estate.
Julie King
Julie King answered on Jan 22, 2021

You don't provide any information on the child, so it is hard to know. But, assuming the child is not married and has no kids, then the parents inherit everything -- unless the child has a trust or will, which states to whom the child wants all assets to go. [Some people would call a 19 year... Read more »

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2 Answers | Asked in Tax Law and Estate Planning for California on
Q: What is the exempting language under R&T code 11930 for transfer tax purposes?
Julie King
Julie King answered on Jan 21, 2021

When property is transferred from one person to another, the property value is generally reassessed for property tax purposes. There are some exceptions to the reassessment rule. If the transfer you are making is exempt (such as a transfer between a husband and a wife, or when people put their own... Read more »

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1 Answer | Asked in Estate Planning and Probate for California on
Q: My disabled mom just passed away and her siblings want to sell her house there was no will can they do that?

All i know was the house was my great grandma's and when she passed her money and house was supposed to get split between six grandchildren because her daughter had passed already. I was twelve at the time and living with my mom in the house when my aunts thought since my mom was disabled it... Read more »

Julie King
Julie King answered on Jan 18, 2021

To answer your questions properly, a lawyer would need to know: (1) Did your great grandmother have a trust or will; and (2) How is the house titled, i.e., joint tenancy, tenants in common, etc. Here’s why that information is important.

(A) All transfers of real estate and promises of...
Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: If I have an LLC with DBAs set up under it, do my social media and online profiles need to match DBA name exactly?

If I'm a freelancer that does business on sites like Fiverr and Upwork, do my screen/profile names need to exactly match my DBA name?

From what I've read about LLCs, everything says you must make it clear you're operating as a business/LLC. So, in this case, if I have set up... Read more »

Julie King
Julie King answered on Jan 15, 2021

I believe you are asking if your web address and user names need to match your business' name. If so, the answer is no. BUT, you are correct when you say you must make it clear that you are operating as a limited liability company, so your footer, signature, and other public information should... Read more »

2 Answers | Asked in Estate Planning, Consumer Law and Real Estate Law for California on
Q: How long can a home remain in a deceased persons name?

My grandmother died several years ago leaving 2 houses paid for. How Is it possible for a house to still be in her name today, and with a loan on it in her name as well? The properties were inherited by her one surviving daughter who did not want either of them in her name (she had an automobile... Read more »

Julie King
Julie King answered on Jan 14, 2021

The answer will depend on two things: (1) whether your grandmother had a trust, a will, or neither; and (2) how the real estate was titled, i.e., joint tenants, tenancy in common, etc. If your grandmother had a trust, the trust would include the name of the "trustee," who is the person... Read more »

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1 Answer | Asked in Estate Planning for California on
Q: My dad financed a car in his name only.He recently passed away, there is $14000 owed, mom doesn't want, can she returnit
Julie King
Julie King answered on Jan 12, 2021

Most likely, but it will depend on the terms in the finance agreement. If she can sell it for more than $14,000 and pay off the balance, she just might make some money in the process! Otherwise, she should read the terms of the finance agreement and/or call the finance company to make other... Read more »

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