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Questions Answered by Richard Michael Gee
2 Answers | Asked in Business Formation and Business Law for California on
Q: If I am looking to start a business, but the name is taken on facebook and instagram but inactive, can that be trouble?

I am trying to start a business but the name is taken on instagram and facebook, but the accounts have not posted in years, and has under 100 followers on instagram and just 2 on facebook, can that lead to trouble?

Richard Michael Gee
Richard Michael Gee answered on Aug 6, 2019

It's possible that you may have an issue with the name. I'd probably look at the US Trademark database (uspto.gov) to see if anyone has filed a trademark for the name. If not, I'd check the database for your state's secretary of state and any fictitious business name (i.e.,... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: can a tenant remodel a home without permission and then move out and ask for thier money back

and sue owner which lives 2500 miles away when they did the remodel they were told to stop but continue now we going to court

Richard Michael Gee
Richard Michael Gee answered on Apr 10, 2018

The answer is probably no. Usually, a lease requires the tenant to return the property to the landlord at the end of the term in the same condition in which the tenant received it, reasonable wear and tear excluded. Most leases also do not allow any material alteration of the premises without the... Read more »

1 Answer | Asked in Business Law, Contracts and Probate for Michigan on
Q: A probate question involving a small, family owned C Corp - A son inherited shares, but refuses to sign Agreement.

How can there be any compliance with the terms of a mother's will, if the son refuses to sign the Shareholder Agreement, thus (officially) becoming a shareholder?

Richard Michael Gee
Richard Michael Gee answered on Apr 10, 2018

I'm not a Michigan lawyer, and so cannot advise on Michigan law in this regard. I assume your corporation is a Michigan corporation. Normally, however, if there was no requirement in the will that the son agree to a shareholders agreement as a condition for getting his shares, then he is... Read more »

1 Answer | Asked in Contracts and Construction Law for Georgia on
Q: what type of lawyer do I need ? we hired a contractor company to redo the kitchen, it was a 45 day job still going...

The 45 days change to 3 months, 3 months still going, all we want them to do is fix what you mess up. We can't put the inside of the house together until they finish what they got to do. They want their money, we will pay them when they finish the job, on what they mess up. We will pay you for... Read more »

Richard Michael Gee
Richard Michael Gee answered on Aug 21, 2017

You probably need a Georgia licensed attorney with construction law experience. Look for Construction Lawyers. I would probably look for lawyers on this site and then look at those lawyers you find here who have been rated AV by the Martindale Hubbell lawyer directory near where your home is... Read more »

1 Answer | Asked in Business Formation for Illinois on
Q: What should I do to get started incorporating my new business?
Richard Michael Gee
Richard Michael Gee answered on Aug 21, 2017

I would recommend talking to an attorney about whether it makes more sense for you to incorporate or form an LLC from a tax and liability standpoint. Based on those answers, you can then decide whether to incorporate in Illinois or some other jurisdiction.

1 Answer | Asked in Business Law, Contracts and Employment Law for Arizona on
Q: Hired n told i was going to make 11.37 a hr, got it on paper n found out im getting only ten, is that against the law

Got it on my phone, they told me 11.37 hr n i txt n ask if i was making 10hr n they txt back no your making 11.37 hr, but my check stub says 10 a hr n now after them telling they will change it to 11.37 a hr n give me back pay, but 2 months later still getting 10 a hr. Got all the info saved that... Read more »

Richard Michael Gee
Richard Michael Gee answered on Aug 21, 2017

Sounds like you've got a wage and hour claim. You should either contact an attorney who works in this area in your state or you may be able to call your state department of labor and see what they can do for you.

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: We are preparing a trust agreement for a non-profit org, who should the agreement be between (trust & trustee)?

We are preparing the trust agreement needed to apply for the 5013c tax exemption status.

Richard Michael Gee
Richard Michael Gee answered on Aug 21, 2017

You do not need a trust agreement to form a 501(c)(3) organization. You need to file as a non profit corporation and follow the instructions on the IRS paperwork for applying for non-exempt status.

1 Answer | Asked in Business Formation for Minnesota on
Q: I want to form a home improvement llc company in minnesota. If I am an llc company can I obtain building permits?
Richard Michael Gee
Richard Michael Gee answered on Jul 18, 2017

I am not admitted as an attorney in Minnesota, and so cannot give you legal advice on Minnesota law. However, I have never heard of a restriction on LLC's obtaining building permits in the states where I practice, California and Colorado. The bigger issue may be whether the LLC is licensed... Read more »

1 Answer | Asked in Contracts on
Q: If I made an offer to my friend 1 to sell my furniture at Rs 20, 000 and he agrees to buy at Rs 19, 000. `

But then I sell my furniture to another friend 2 at Rs 21, 000. Can friend 1 sue me for damages?

Richard Michael Gee
Richard Michael Gee answered on May 23, 2017

Normally, your friend would be considered to have made you a counteroffer at 19K Rs to your offer to sell at 20K Rs. If you did not accept the counteroffer, then no contract has occurred, because there has not been a "meeting of the minds" on the price of the goods. If that is the case,... Read more »

2 Answers | Asked in Probate and Real Estate Law for California on
Q: Deed held as husband & wife,(no vesting) husband passed, can wife remove name without going through probate?

Interspousal grant deed filed as husband and wife no vesting, and now the husband has passed away does the wife have to go through probate in order to remove his name from the deed? His will states that everything goes to wife but was damaged and will no longer be accepted top file for probate.

Richard Michael Gee
Richard Michael Gee answered on May 22, 2017

If she is the only beneficiary of the husband's estate, then she might be able to file the death certificate with the county recorder claiming to be the sole beneficiary of the estate. An estate planning lawyer should be able to assist with that documentation.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: Can my landlord keep my deposit because of a sublessee?

Hi, I'm renting a commercial building on a month by month contract. I was also given permission to sublease. I currently have 10 sublessees. This month I was given my 30 day notice to leave the building, which I also gave to my sublessees. My problem is that the sublessees do not want to leave... Read more »

Richard Michael Gee
Richard Michael Gee answered on May 22, 2017

I don't know what your subleases say, but in normal circumstances, you have a right, in most states, to sue them for unlawful detainer in the same manner that your landlord could sue you to evict you from the premises. This type of proceeding requires strict compliance with the applicable... Read more »

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