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The names I am using are not real companies but the answers applies to the company I am trying to start. If the business is in the same industry, are our names to similar?
answered on Jul 11, 2023
There is a big difference between the name of a company and a trademark. The California Secretary of State will allow you to set up a company name that is different from other company names and does not care what industry in which it transacts business. The SOS' main goal is to ensure there... View More 
This is with respect to official government document expiration dates (such as for identification cards), but I would like to know if there is a standard. Would you be able to provide sources substantiating the definition of expiration for legal documents? Thank you.
UPDATE: Notice how I... View More
answered on Jul 7, 2023
Without telling us what type of document it is and which government agency it involves, there is no way to answer your question. Our governments are not well organized so each government agency follows its own rules in many instances. One expiration date or deadline may allow people to appeal and,... View More
I granted the property to a 3rd party trustee on behalf of the lender.
answered on Jul 5, 2023
There is a difference between a Deed of Trust and a Trust Deed. A Deed of Trust is a mortgage. You must have taken out a loan on the property. People can put into a Trust (as opposed to a Will) properties with mortgages. If it were otherwise, the overwhelming majority of real estate wouldn’t be... View More
I earned a million dollars until one year before marriage and that amount has been kept in the same bank account with only annual interest income. I have not touched it for even our living costs. We are in divorce proceedings now, but my wife knows the fact very well, so she has no willingness to... View More
answered on Jul 4, 2023
If you acquired the money before marriage and never added any community property funds into the account with the separate property, it should still be separate property, but a lawyer cannot say that will definitely be the case without asking you some questions. To be safe, get the bank statement or... View More
There’s a term on my lease that says: “Landlord may terminate Resident’s tenancy after expiration of any term if Landlord, or Landlord’s spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the Premises.” So can they say that they... View More
answered on Jul 4, 2023
It’s possible your situation could be retaliation, but a lawyer would need more information to know whether that is the case. You have not given any facts to show you’ve been discriminated against so, if there is discrimination, you would need to prove how you were treated differently than... View More
On my signed residential lease, the entire lease was signed by the manager of the property, and not the landlord/owner, and without a printed name to indicate who . My signatures are accompanied with my printed full first and last names. There’s a term that says: “The Property Manager... is... View More
answered on Jul 4, 2023
It depends on whether your landlord gave the manager authority to sign on the owner’s behalf. Each case will be different. Research what an agent is and you’ll see this is a common practice. Property managers often sign documents on behalf of owners, so the owners don’t have to deal with the... View More
answered on Jun 29, 2023
Yes, but you will be forced to go through the Probate Court process which, depending on what county you are in, could last between one to four years, I'm sorry to say. That's one reason why estate planning is so important! I always tell people that they need to plan NOT for themselves,... View More
answered on Jun 26, 2023
It depends on whether the stock is in a retirement account or non-retirement account. [They are taxed differently.] If the stock is a retirement (qualified) asset, the title should not be put in the name of the trust, but the trust can be a back up beneficiary in most circumstances. If the stock... View More
answered on Jun 26, 2023
I'm sorry, but a lawyer would not be able to answer your question without knowing ALL of the person's assets and the value of each asset, the person's goals in estate planning, and more. If she has a home in California, chances are that its value is more than $184,500, which is the... View More
She is also a broker who plans on selling the place which I do agree to but is she legally have to be paid for doing so...she wants to take a 4 percent commission which I think is crazy for a house that she and inherited 50/50
answered on Jun 15, 2023
It all depends on whether the person who passed away had a Trust, a Will, or did no estate planning. If there is a Trust or Will, whoever is named as the trustee or executor in the document is legally-bound to follow the terms set out in the document. If someone is doing something that is not... View More
They claim the beneficiaries have been notified but they have not. The agency is in Ohio
answered on Jun 14, 2023
You can sue anyone for anything, but that doesn't mean the lawsuit will be successful. If you haven't already done so, you should have a lawyer send a demand letter asking the company to cooperate and prove the beneficiaries have been notified. It's possible that the beneficiaries... View More
My mother sold her house, which was her only asset (besides her old car), so now her only asset is the money in the bank account. It is a joint account with me, so I have full access. So this won't be considered as part of the estate. So there really is no estate to speak of. Do we need to... View More
answered on Jun 11, 2023
Let me start by saying Wills do not cost thousands of dollars. If that’s what your mother was quoted, then your mom needs to shop around. Secondly, whether or not a sibling takes part in a parent’s healthcare has nothing to do with who inherits the parent’s assets. Inheritances aren’t... View More
answered on Jun 4, 2023
The trust should say what happens to an asset if the beneficiary (the person who is going to inherit the asset) dies. Often, but not always, the trust will say the gift “lapses”, which means it essentially disappears as if it had not been contained in the trust in the first place. But, each... View More
answered on Jun 2, 2023
The answer to your question will depend on a lot of information that is not contained in your question. For example: Did the parents own real estate? If so, was it titled in Joint Tenancy, Community Property, or in some other way? The way real estate is titled can impact how it is transferred... View More
I live in California. 73 years old. married with living wife. Have question about will alternatives??? Almost all important accounts are co-owned (wife and I). Would like to avoid hassle of Wills etc. Have 2 grown children. Would like to leave estate equity to children (in their forties) when... View More
answered on Jun 1, 2023
There are several ways you can deal with your assets, but a lawyer would want to know your goals before recommending an option to move forward. For example, if you want to prevent your family from having to go through a 1 - 4 year long court process called Probate and you have assets with a gross... View More
Know ,they live in Arkansas, an recently told me about the property, one of my sisters said she wanted the property an has paid property tax,does that mean she is in control of the property? ,can she try an leave the property to her kids in a will she creates,because she claims the property is... View More
answered on May 29, 2023
Simply paying property tax on someone else’s property does not transfer ownership of that property. Real estate sales and transfers must be in writing and signed by the people who are giving up their ownership rights. Your grandparents’ trust or wills may say to whom they are leaving their... View More
No will or executer. She didn’t own any real estate, vehicle, etc. only her personal belongings and a personal checking account. The checking account was owned by her alone with no beneficiary listed. I paid for her final expenses on my credit card as was needed. We believe it may be $1,000 to... View More
answered on May 24, 2023
If your family member only had $3,000 worth of assets in one bank account, you may want to contact the bank and ask if it has a form Small Estate Affidavit you can sign. Some banks insist on everyone using THEIR FORM. So, even when an attorney drafts such an affidavit and it is perfectly valid,... View More
I was born in France, then moved to the US and in 2001 I married an American man.
In 2008 I became an American citizen. My 92 y.o mother is french and lives in France. She would like to buy some kind of property in the US as an investment. She probably won’t live in the US and if she... View More
answered on May 24, 2023
Real estate is handled differently than other assets because it is literally attached to the state (in the U.S.) and/or country. So, in most instances, U.S. law will apply to U.S. real estate. However, different countries belong to various treaties with other countries, so an international attorney... View More
their Joint income prior to his death. Because she (trustor/trustee) is accustomed to a higher standard of living, can she keep the money from the sale of the land? Or is she required by law to split it among his $20,000+ credit card debtors?
answered on May 18, 2023
A lawyer would have to read the terms of the trust in your particular situation. Your question is akin to saying, “There is a car in front of my house. Who owns it?” The trust will say who owns the real estate and if there are any restrictions on what the owner can do with the real estate. If... View More
My mother passed away 4yrs ago ,she did not leave a will ,my sisters and I are in our late 60’s,so we decided to notarize forms to give house to grandson’s,I have changed my mind can I revoke the for ,me and my sisters we’re not on house deed only my mother
answered on May 16, 2023
If the real estate was in your mother’s name, your siblings and you must go through the probate court process to get the legal authority to sign your mother’s name on the deed giving the property to whomever you want. Without a court order authorizing a specific person to sign on behalf of... View More
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