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Questions Answered by Julie King
1 Answer | Asked in Business Formation and Business Law for California on
Q: What is the appropriate business structure in California that can provide PT, OT, ST services?
Julie King
Julie King answered on May 6, 2021

It likely needs to be a professional corporation, but it can still be taxed as either a C corporation or an S corporation.

3 Answers | Asked in Estate Planning for California on
Q: Is it legal to replace a trustee on a living trust without using an attorney?
Julie King
Julie King answered on Apr 28, 2021

The answer to your question will depend on the language in your trust but, most likely, it can be done without an attorney. Read the language in your trust about how to replace a trustee and who must give their approval of the change. If you follow the terms of the trust, you should be OK. If you... Read more »

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4 Answers | Asked in Estate Planning for California on
Q: Can my husband & I make changes to our living trust without using a lawyer, if our signatures are notarized? Thank you.
Julie King
Julie King answered on Apr 28, 2021

You can do whatever you would like, but I cannot say if the language you use will be legally accurate or enforceable. Here's why: There are plain English words that have legal meanings. For example, the word "issue" in plain English means an important topic for debate or discussion.... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Brother is dad's executor. Won't send Trust or Will copies. Can attorney who wrote them (not involved now) send them?

Dad passed away recently.

Julie King
Julie King answered on Apr 25, 2021

Your dad’s lawyer can only send you a copy of the documents if, before your father passed, he signed something authorizing his lawyer to do so. You can give that a shot. But your brother is required by law to give you a copy. Hire a lawyer to send a demand letter to your brother. If that... Read more »

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1 Answer | Asked in Divorce, Family Law and Business Law for California on
Q: We divorced but haven't settled our community property business. She has "locked me out" & i can't afford attorney. help

Help. I have hit a wall. My wife & i recently divorced, but left the issue of community property unresolved because it was going to be super expensive to value our community property business (forensic accountant, etc). She has locked me out and receives a sizable income from the business,... Read more »

Julie King
Julie King answered on Apr 23, 2021

I'm sorry about your situation. I am not a family attorney, but I do know there are self-help departments of most courthouses that can give you the documents you need to start a dissolution (divorce) case in family court. Some law schools, such as the Monterey College of Law, hold clinics to... Read more »

2 Answers | Asked in Estate Planning for California on
Q: What is the time limit for an estate administrator to send a deceased person's Will to the adult children in CA?

No special circumstances that might cause a delay.

Julie King
Julie King answered on Apr 21, 2021

If the person who passed away had assets valued at $166,250 or more, then the assets likely need to go through a court process called probate so a judge can oversee the process. If the person named as the executor has not started the probate process, you could do so, assuming you are an heir. If... Read more »

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2 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: How to obtain a brick-and-mortar physical address in California?

We need a brick-and-mortar address for a business set up by us in the US (there might be more businesses in the future), whose CEO is working from home (currently in Ohio but soon to be in California).

For the new company, we tried already tried to register But the Secretary of State’s... Read more »

Julie King
Julie King answered on Apr 20, 2021

You may be making this more complicated than it needs to be. Why can't you use your home address? Yes, it will be a public record, but it works. There are many solutions to this issue without you having to lease expensive office space that you will not be using. Best wishes!

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2 Answers | Asked in Business Law and Workers' Compensation for California on
Q: I have a small solar business. My workers are on 1099, I am the only one on payroll.

One of my workers filed for unemployment last year. the unemployment office penalized me for total $1655 for unpaid tax for October - December 2018. again, clearly I had nobody on payroll on 2018. can they do that?

Julie King
Julie King answered on Apr 19, 2021

I used to train business owners on this area of law (employees vs. independent contractors) because people sometimes feel as though they can decide whether their workers are employees or independent contractors. Unfortunately, business owners don’t get to choose; the law specifies who is an... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Probate for California on
Q: Do children have any rights to their deceased dad's stuff if his mother never informed them of his death?

2 days ago my brother told me that our dad died last March. I live in Missouri and my brother was in prison at the time.The coroner told me that our dad's mom made arrangements for everything. My father told me that there were things he was wanted me to have (pictures and a car). I'm the... Read more »

Julie King
Julie King answered on Apr 13, 2021

If your father had a will or trust, the people named as beneficiaries in the document would be legally entitled to inherit your father’s assets. If he did not have a will or trust, then the law sets out the default: first to a spouse but, if no spouse, to the children. Ask your grandmother for a... Read more »

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5 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Should my partner and I purchase our home as a joint tenancy or TIC? We are unmarried; He has kids from prior marriage.

We both want to be able to remain in the home, make improvements, or sell if the other passes away. He wants to ensure his children to receive his share of the proceeds if the house is sold after his death. We may get married and have more children in the future. What is the best ownership... Read more »

Julie King
Julie King answered on Apr 12, 2021

The more important question is whether the two of you have trusts and other estate planning documents to protect your loved ones (and you) in both death and incapacity (car accident, Alzheimer's, dementia, etc.) The deed to a home will not sufficiently protect all of your assets in the event... Read more »

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1 Answer | Asked in Business Law for California on
Q: Hello I want to ask if it was legal for cube smart to sell my unit when I was 3 days away from paying?

I had 3 units at cube smart and all the bills were confusing they sold one unit and then gave me a refund how can they do this legally

Julie King
Julie King answered on Apr 8, 2021

Unfortunately, the answer to your question will depend on the terms of the contract you signed with that company. Each contract contains different language in it and a lawyer would have to guess what your contract said, which would not help you at all. Once a lawyer has read the contract and... Read more »

1 Answer | Asked in Divorce and Estate Planning for California on
Q: Is it possible to get a lawyer to help via Pro bono for a senior citizen divorce/power of attorney case?

My dad is 83 and does not want to live in a care facility. I believe my mom may have a durable power of attorney.

My dad feels that my mom is not capable of representing his needs.

My dad was in a care facility and was assaulted by another patient. As a result he was hospitalized.... Read more »

Julie King
Julie King answered on Mar 31, 2021

The key to your situation will be: (1) the language in your father's health care directive and durable powers of attorney; and (2) if your father has sufficient mental capacity to handle his own health care (and/or finances). There is a legal standard that must be met to ensure people... Read more »

2 Answers | Asked in Estate Planning and Probate for California on
Q: Hi...I live in California (LA County). My wife was the sole beneficiary on her older brother's 401k account.

Her brother died of Covid on January 19th. My wife then died of Covid 4 days later. What happens to the 401k account? Her brother had a daughter, but she wasn't listed as a beneficiary. Does the 401k pass to the daughter, or does it go to my wife's estate?

Julie King
Julie King answered on Mar 29, 2021

In most cases, the money would go to your wife's estate, but it will depend on the terms of the 401(k) beneficiary designation and the terms of any trust or will. Some trusts say that a person must survive the principal (your brother-in-law) by a certain period of time or the gift will lapse,... Read more »

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3 Answers | Asked in Business Law for California on
Q: Is it legal to have a contract where my company only pays someone after the company makes a certain amount of profit?
Julie King
Julie King answered on Mar 25, 2021

Yes. Two people can enter into a contract to do anything so long as it is legal. But both sides need to willingly agree. If both sides agree to the terms you proposed, that should be fine. Best wishes.

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1 Answer | Asked in Business Formation, Business Law and Tax Law for California on
Q: I have a vending machine business, can I have freelancers?

I know there some ab 5 law now but I want to hire freelancers to stock my machines. I will purchase the food products for the machines. They will stock the machines once or twice a week. Meaning 1- 2 hours a week. I am giving them a set payment amount for each month they help me. Do I have to... Read more »

Julie King
Julie King answered on Mar 21, 2021

The chances are very high that those workers would be classified as employees. In today’s world, it is harder than ever to successfully classify a worker as an independent contractor. But a lawyer would need to ask a lot of questions before giving an opinion. For example, will the workers have... Read more »

1 Answer | Asked in Contracts and Business Law for California on
Q: I sigmed a stipulation for a default judgment. Next month i am retired and i cannot pay anymore. Any solution?
Julie King
Julie King answered on Mar 19, 2021

You have three choices: (1) you can call the company and see if they will restructure the debt, although they are not obligated to do so, since you already have a contract to repay; (2) do nothing and you will have a judgment entered on your credit records and will likely be subpoenaed to attend a... Read more »

1 Answer | Asked in Civil Litigation, Elder Law and Estate Planning for California on
Q: Estate law missing will

Mother died, sister and brother got a lawyer and excluded brother? Is the excluded brother automatically entitled to any windfall should they receive an inheritance? This is in CA

Julie King
Julie King answered on Mar 15, 2021

It depends on the dollar value of your mother's estate, which is all of her assets except retirement, her car, and a few other items. If your mother's assets are valued at $166,250 or more, the law requires the estate to go through the Probate Court, so a judge can supervise the... Read more »

2 Answers | Asked in Estate Planning for California on
Q: My daughter left no will but had made me beneficiary of all she had. Do I need to go to court for anything?

Her bank accts, life insurance and house were all under both our names

Julie King
Julie King answered on Mar 14, 2021

If you are on all of your mother’s bank accounts either as co-owner or beneficiary, then you only need to take an original death certificate to those banks to change the accounts to be in your name alone. Life insurance companies will pay the named beneficiary, but some insurance companies... Read more »

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3 Answers | Asked in Estate Planning and Probate for California on
Q: Is there anything that has to be filed when one person in a joint trust dies? If so can I find out through county record
Julie King
Julie King answered on Mar 14, 2021

Trusts are not filed anywhere publicly so, after someone dies, there is no need to file any document with the government related to the trusts. (There are notices that have to be given for all people who pass away, but they don’t have anything to do with a trust.) If you are trying to get your... Read more »

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2 Answers | Asked in Estate Planning and Probate for California on
Q: Can my stepmom change a joint trust after my father has died to try to remove me from inheriting?

I honestly do not trust her not to try and pull something so her kids get it all so I am just curious. She doesn’t tell me anything and I have not seen any paperwork. I was just told by them years ago before my father passed away.

Julie King
Julie King answered on Mar 14, 2021

Trusts can be written many different ways, so the answer to your question depends on how your father’s trust is written. I’ll give you two examples.

(1) If your father’s trust says that, once the first person (your father or step-mother) dies, the other person gets 100% of the...
Read more »

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