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Questions Answered by Julie King
1 Answer | Asked in Estate Planning and Elder Law for California on
Q: I'm a caretaker of 86 year old man who has his mental capacities intact. His adopted daughter has coerced and lied to

Him And got him to sign some papers that he did not read nor get copies of at that time. He got copies yesterday finally after asking her lawyer many times. He signed his entire estate and decision making and money over to her. She is trying to sell his house and put him out on the street. He is... Read more »

Julie King
Julie King answered on Jan 30, 2018

I’m so sorry to hear about that terrible situation. The gentleman can likely get the paperwork voided by saying he signed them due to fraud, undue influence and duress. You should try to find a Senior Legal Center in your area to handle the matter at no charge (called pro bono). If there is none,... Read more »

1 Answer | Asked in Estate Planning for California on
Q: My brother wants to make sure I get the house that we live in if he passes. What do I need to file in court?
Julie King
Julie King answered on Jan 29, 2018

There are several ways to accomplish that objective, but all paperwork needs to be prepared by your brother, since it is his house. Even if he named you as an heir in a will (or beneficiary in a trust), you still wouldn't have any right to the home until after he passes away. As a result, there is... Read more »

1 Answer | Asked in Intellectual Property for California on
Q: Received a cease and desist letter, for "taking trade secrets" would like some additional legal opinions.

Received cease and desist letter, from my wife's previous employer.

"I am contacting you on behalf of "XYZ" as it has come to XYZ attention that you have taken its trade secrets without "XYZ" permission and you have used those trade secrets for your own personal gain.

"XYZ" has... Read more »

Julie King
Julie King answered on Jan 17, 2018

If literally everything you know about the business is from the company’s website — and not from any inside information of non-public trade secrets — then you are in the clear. Information on websites is not “secret” and, therefore, would not qualify as a trade secret.

1 Answer | Asked in Real Estate Law, Business Law and Business Formation for California on
Q: Is it legal in California to start your business (LLC) in a rented house?

Hello, our small startup doesn't have the capital to lease an office. Is it legal in California to start your business in a rented house? Our plan is, to hire 2-3 more employees, can we register the company at the address of the rented house?

Julie King
Julie King answered on Jan 16, 2018

Check your city and county's local ordinances. In many cities and/or counties, you would be required to get a business license that identifies your business as a home-based business. Before such a license will be granted, the city or county may notify all the neighbors around the home, so they have... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: Mom an dad signed will and a trust with atty who drew it up, but dad apparently had to guide her cause she was weak she

Mom an dad signed will and a trust with atty who drew it up, but dad apparently had to guide her hand cause she was weak. She went into the hospital about 3 days later she was sent home under hospice care they said she had dementia and died about 9 days later, is the will and trust valid still ?... Read more »

Julie King
Julie King answered on Jan 10, 2018

It will all depend on whether or not your mother had the mental capacity to understand what she was doing. You don’t say how advanced her dementia was or what she died of, so a lawyer would need more facts (and a doctor’s opinion) to be able to answer your question.

1 Answer | Asked in Estate Planning and Probate for California on
Q: Can a person with multiple children decide to just leave their money to their favorite children?

Is this common to only designate a few heirs or do courts often step in?

Julie King
Julie King answered on Dec 31, 2017

People have the right to do what they want with the property they own. You have that same right. As a result, if you want to leave all your money to a charity and none to your family, you can do that. If you want to leave money to some relatives and not others, you can. No one can force you to... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: legal advise dads ex wife is atty bulling me to give her everything put her in charge $ takes me to court weekly help

only child my mom dead also dads divorced wife 2 11 months prior to death owed 2 houses 3 cars ALL with large payments 38 credit cards with debt lived in az i live in ca she takes me to court foe everything i have to go to az for weeks at a time she now claim as a crediter and as a successor for... Read more »

Julie King
Julie King answered on Dec 30, 2017

If probate is pending in Arizona, you need to hire a probate attorney in Arizona. Many lawyers offer free initial consultations, so you can ask about having the attorney’s fees taken out of your father’s estate. Best wishes.

2 Answers | Asked in Estate Planning for California on
Q: My Mom died and left me POD of her bank acct. My sister is trustee say I need to give her the money.

The bank says the acct. is not a trust acct. If my sister is the Trustee and the acct. is part of the trust wouldn't she be able to get the funds from the acct. herself ?

Julie King
Julie King answered on Dec 26, 2017

If the account is a Payable On Death account and you are named as the sole beneficiary, you should be able to get the money by showing the bank your mother's death certificate. Since the account is not in your mother's trust, your sister cannot access it in her capacity as trustee (unless the trust... Read more »

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1 Answer | Asked in Consumer Law, Business Law and Gaming for California on
Q: Question about "Customer Appreciation Giveaways"

I am a small business owner and sell a product for $150 which my customers are very happy to get. If I wanted to (without any additional purchase required) do a Customer Appreciation Giveaway to 3 out of every 200 customers of mine, would I be breaking any laws? As far as I can tell since I would... Read more »

Julie King
Julie King answered on Dec 22, 2017

Just avoiding the use of the words “raffle” and “sweepstakes” doesn’t help your situation one way or the other. The law would look at the way the contest operates. If people have to buy something in order to get a chance to win, it’s generally considered a lottery, which only the state... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Intellectual Property and Trademark for California on
Q: Is it legal to use another business name for a business that they are not in business for? I.e. Coca-Cola software

I ask this because if available I can take another business domain name and I've seen companies that are in a different area of business that has the same name of a entity but doesn't do what that entity does.

Julie King
Julie King answered on Dec 20, 2017

Using another business' name to make money is often a violation of trademark laws. But the answer to your question will depend on the specific facts at issue. For example, Coca-Cola's name and trademark are so well known throughout the world, it would be difficult to think of a situation where you... Read more »

1 Answer | Asked in Estate Planning for California on
Q: I am both the executor and beneficiary of a will in CA. Small estate <$10,000. Need to empty apt of personal items.

Can I donate his stuff to avoid having to store it. What do I need to do in order to access his bank account? Can I sell his vehicle?

Julie King
Julie King answered on Dec 17, 2017

The answer depends on how many beneficiaries there are, how much debt the deceased had (such as a loan on the car you want to sell), and if there is a matter currently pending in probate court. If there is a matter in probate court, then you cannot use the Small Estate Affidavit process. If there... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for California on
Q: What to do if a company if using your name on their "Team" page, but you quit over four months ago?

My husband is an independent consultant under his own LLC. He was helping a business free of charge, but this past July he terminated his assistance on the project due to inappropriate advances being made to him by one of the founders. We recently discovered that his name is still on their team... Read more »

Julie King
Julie King answered on Dec 12, 2017

The President probably sees updating her company’s webpage as a low priority compared to running her company. If you retained a lawyer to send a cease and desist letter, it would raise the priority and the President would likely have the name removed rather than hire a lawyer to fight it.

1 Answer | Asked in Estate Planning for California on
Q: Whats the difference when will says no contest and a petioner comes along after 9nmonths due to unhsppy with her inherit
Julie King
Julie King answered on Dec 8, 2017

Being unhappy with an inheritance is not the same thing as contesting a will. To contest a will means to bring a special type of lawsuit that seeks to invalidate (void) a person's will. Will contests are expensive and generally very hard to win -- although they can certainly be won with good... Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: Writing an agreement with someone in a foreign company.

How do I write an agreement for someone in a foreign country. It is with someone who works for an established company that support us in the USA. However, the company headquarter is overseas. What needs to be included in the agreement? I don't have money for an attorney to look it over. I am... Read more »

Julie King
Julie King answered on Dec 2, 2017

There are a lot of different types of contracts and each one contains different terms. Is it a master services agreement? A joint development agreement? An employment agreement? Without knowing the type of contract and the terms both sides agreed to, a lawyer cannot advise you. There are just too... Read more »

2 Answers | Asked in Trademark and Intellectual Property for California on
Q: How can a abondoned trademark be acquired? Is there a simple transaction process?

I would like to find out if I could purchase a trademark which has been abandoned.

Julie King
Julie King answered on Dec 2, 2017

Although it might seem like an abandoned trademark is fully available for you to have, it may not be. Sometimes a trademark becomes abandoned because the owner forgot to file one document. It is possible to revive an abandoned trademark if the owner pays a fee and files the right document within... Read more »

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1 Answer | Asked in Business Law, International Law, Internet Law and Trademark for California on
Q: would it be legal to someone else' s products on my website and have my site name similar to the product name?

I am planning to make my own website to sell someone else's products, but would it be legal to have the site name similar to the product name? For instance, the product name is Kate, but my site name will be Kate-u.s.a.

I won't use the same logo and font, as well.

I live in CA... Read more »

Julie King
Julie King answered on Dec 2, 2017

The answer is it depends. If the person who owns the product and product name claims trademark rights to the product name and your name is substantially likely to cause confusion in consumers' minds as to who produced the product, then you would be infringing on the other person's trademark rights.... Read more »

4 Answers | Asked in Estate Planning and Probate for California on
Q: Father past away. Stepmom is executor of will. He left house he bought w/our deceased mother to her, me and my sibling

He left property to stepmom, me and my siblings. The will states she has two years to sell the property. She has never given us update of the selling of the house, nor has she upkeep the property. Now she wants to buy us out. We don't agree, don't want her to buy. We want to buy our selves the... Read more »

Julie King
Julie King answered on Nov 29, 2017

Generally, when a person who has signed a will dies, his estate (his property, etc.) must be reviewed by a Probate Court unless the person had a trust or he had less than $150,000 in certain assets. It sounds like your father did not have a trust and he had more than $150,000 in assets, since he... Read more »

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1 Answer | Asked in Business Law for California on
Q: Can a director sue if she has 50% but no profit has been generated and she hasn't purchased anything for the business?

She has allocated zero funds. I am looking to dissolve this corp to start a new one without her due to personal issues.

Julie King
Julie King answered on Nov 26, 2017

Unfortunately, people can and do file lawsuits that have no merit. So, the answer to the first part of your question is: yes, anyone can file a lawsuit for anything he or she wants. The fact that a company has not generated profit or allocated funds is not important. If a law has been violated, the... Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: I would like to start my own virtual currency business in California. How can I go about it.

Hello, I'm in the process of trying to start a business involving virtual currency. I don't intend to become an exchange, just would like to legally buy and sell bitcoins to people. I would like to know how I can begin to start this business legally and if there are any licenses I need to know... Read more »

Julie King
Julie King answered on Nov 26, 2017

First, let me say that this is a very specialized area of the law and most lawyers do not practice in it (in part because there are not a lot of clients.) You may find an attorney with experience in this area, but you could also end up having to pay an attorney to research it for you. Second, a... Read more »

3 Answers | Asked in Business Formation and Business Law for California on
Q: Looking for a lawyer in my area experienced with working in startups. Will need a letter of agreement. Thank you.

Withdrawing the question, since I "can't solicit an attorney here." Thank you.

Julie King
Julie King answered on Nov 22, 2017

Many lawyers with experience handling business formation issues, such as myself, offer free initial consultations. We are not allowed to respond to direct requests such as yours, but we can say that you may contact whomever you wish! Justia is a wonderful way to find someone. Best wishes!... Read more »

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