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Questions Answered by Michael Ray Smith
1 Answer | Asked in Construction Law for Indiana on
Q: Can I place a construction lein on a nursing home in Indiana for worked preformed

If I was contracted by a company to preform labor and they failed to pay me for my services

Michael Ray Smith
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Michael Ray Smith
answered on Sep 3, 2023

Maybe, depending on the facts. One particularly important fact is how long it has been since you worked on the project. For this type of construction, assuming the nursing home is privately owned (other rules apply if it is publicly owned), you have 90 days after the last day you provided labor... View More

1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: One of my parent's will was rewritten in the last couple of years and heavily favors the executor and their family.

Although I don't know exactly what the revisions were, the children are not receiving most of the benefits of the will. There is some question as to the one parent's mental state, who was declining and possibly there was undue influence.

Michael Ray Smith
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Michael Ray Smith
answered on May 12, 2023

Your suspicions may be well founded, but I don't think anyone can give you satisfactory answers to your questions in this forum. You should hire an attorney who handles estate planning and probate matters, lay out everything you know, and get the lawyer's advice on your chances of... View More

3 Answers | Asked in Tax Law, Business Formation and Business Law for Utah on
Q: how do I sign on behalf of an LLC if my Scorp is the member?
Michael Ray Smith
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Michael Ray Smith
answered on Mar 17, 2023

Here’s one way, assuming the LLC is member managed:

NAME OF LLC

By its member, Name of Member

By. _________________

Your typed name

Your title

The idea is to make it clear that the member signs on behalf of the LLC and you sign on behalf of the member.

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1 Answer | Asked in Business Law for Indiana on
Q: How is the statute of limitations determined when two parties to a contract live in different states.

One party is in a state that has a 6 year statute of limitations for a contract and the other party resides in a state with a 10 year statute of limitations for a contract. The person in the 10 year state wishes to sue the person in the 6 year state for breach of contract. How would the courts... View More

Michael Ray Smith
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Michael Ray Smith
answered on Mar 5, 2023

The answer to that question is probably more complicated than you anticipated because it may depend on where the lawsuit is filed. There are also some nuances that can change the answer. I'm going to give you the short version of the answer, without addressing all the nuances. To get... View More

2 Answers | Asked in Business Formation, Real Estate Law and Business Law for Indiana on
Q: I own two lien free rentals through my sole-prop LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien?

I own two rentals through my sole proprietor LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien against the properties? Properties are currently free and clear. Would have promisary note and record liens publicly.

Michael Ray Smith
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Michael Ray Smith
answered on Jan 2, 2023

Certainly you can do that, but the question is whether it would succeed in giving you priority over any unsecured creditors the LLC might have. Assuming there's nothing nefarious or fraudulent involved (such as trying to hinder other creditors, most likely yours but possibly the LLCs, from... View More

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1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Indiana on
Q: May I run a massage therapy business in my home, if I live in Marion county, indianapolis, Indiana, 46241
Michael Ray Smith
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Michael Ray Smith
answered on Nov 26, 2022

I cannot answer your question off the top of my head, but the two areas of possible concern:

(1) Are Indiana massage therapists, in general, subject to laws that would prohibit you from practicing in your home? Sources of possible restrictions include the provisions of the Indiana Code...
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1 Answer | Asked in Real Estate Law for Indiana on
Q: Options if home purchase and less than six mths later find there is mold, water damage, etc?

My daughter purchased home in June 2023. Within a couple months, found there was mold and water damage, little to no insulation and issues w the siding. The inspector did not note any of this. Insurance is only paying a portion, and she and her husband will be out of thousands. What are her... View More

Michael Ray Smith
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Michael Ray Smith
answered on Jan 4, 2024

I'm sure you were looking for something more helpful than this, but to get an answer to your question, your daughter needs to call an attorney, preferably one who handles a lot of residential real estate matters.

1 Answer | Asked in Arbitration / Mediation Law, Business Formation and Business Law for Maryland on
Q: Our partner locked us out from our business after withdrawing from association. He is trying to open a business w/o us.

Our business partner has locked us out of our business. They withdrew from the association, and we proceeded with the company opening. Because the venue is under their name, they seeked vengeance and locked us out of the venue. Now after withdrawing from the association they are working to open up... View More

Michael Ray Smith
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Michael Ray Smith
answered on Feb 21, 2023

Please consult an attorney in your state. Your question is far too complicated to be answered here. They lawyer you consult will need much more information.

2 Answers | Asked in Business Law and Patents (Intellectual Property) for Illinois on
Q: If I design a product that uses another person's patented component within my design, what permissions do I need?

I am creating a product (a stand for giant marquee letters) for my company that uses someone else's patented magnet as a component. What type of copyright/patent permissions, if any, do I need from the magnet company?

Michael Ray Smith
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Michael Ray Smith
answered on Sep 10, 2022

Note that I am not licensed in Illinois, and that none of the answers to questions in this forum should be considered legal advice.

You may need a license from the company that owns the patent and any other intellectual property rights, but maybe not if you simply buy the other...
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1 Answer | Asked in Real Estate Law for Indiana on
Q: My parents parents bought a property in Indiana through land contract. Both passed away, they were only ones in contract

The house was completely remodeled by us. We spent 40,000 dollars during two years we lived there. Bought home for 60,000 back in 2018. Moved to AZ while still paying property. PARENTS TRIED TO GET THE Approval FROM OWNERS TO HAVE THE HOUSE PAID OFF BY PARENTS GETTING A MORGAGE LOAN AND PAYING... View More

Michael Ray Smith
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Michael Ray Smith
answered on Jul 4, 2022

I am not sure I completely understand everything that has happened or the current situation, but under Indiana law, the seller under a valid land contract cannot take the property back except through a foreclosure. The property is sold, the seller is paid the rest of what is owed under the... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My landlady just told me that she got together with other local landlady/lords and that they are all raising rent.

Someone told me that this is price gouging and coercion. Is this true

Michael Ray Smith
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Michael Ray Smith
answered on Jun 16, 2022

Depending on the specific facts, it could be an antitrust violation known as price fixing. To find out more, contact an attorney who practices in the area of antitrust or the Indiana Attorney General's office.

4 Answers | Asked in Copyright, Business Formation and Trademark for Kansas on
Q: Do I need to trademark my brand and logo

I am starting a clothing and accessory brand and am curious on how/if I need to trademark my brand name and logo

Michael Ray Smith
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Michael Ray Smith
answered on Jun 9, 2022

Note: I'm a business attorney, not a trademark attorney. Here is generally what I tell people starting up a new business or entering into a new line of business that involves trademarks.

When you ask if you need to "trademark" your brand name and logo, what you are really...
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2 Answers | Asked in Business Formation and Business Law for Tennessee on
Q: Im going to start an ecommerce website. I do I need an LLC out the gate to protect myself?

Im wanting to start an ecommerce website. Do I need a LLC to protect myself just to test the business and the market. However, I do have an ok savings but I do not want to get sued. I'm scared that I would lose my personal savings if I don't.

What I mean by testing the business... View More

Michael Ray Smith
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Michael Ray Smith
answered on May 17, 2022

I'm not a Tennessee attorney, but the answer to your question would be more or less the same in any state.

I agree with Mr. Wright. Yes, you should have an LLC out of the gate. A corporation is another alternative, but an LLC is generally the structure of choice for small...
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1 Answer | Asked in Employment Law and Business Law for Michigan on
Q: LLC is looking to take on its first&only employee,the job is all online work from home, how do I do it+what should I no?

To be more specific what taxes? how and when are they taken out? do I do them for employee? and for such a simple job will I need to give the employee any benefits? get insurance(s)? anything?

What else should I know? Anything and everything helps. Thank You!

Michael Ray Smith
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Michael Ray Smith
answered on May 4, 2022

Note that I'm not a Michigan lawyer, and I can't tell you about specific Michigan requirements, such as whether you need to buy workers' compensation insurance or pay into the unemployment compensation program if you have just one employee. (My guess is that the answer to both is... View More

1 Answer | Asked in Business Formation and Business Law for Indiana on
Q: What forms must be submitted to IRS if my LLC brings on a new member

I am the sole member in my LLC, and am planning on adding one or two more members in the near future. There is no operating agreement therefor I am going off of Indianapolis law. It says it needs to be in writing, do I need to dissolve the LLC and form it with the new partners or can I sign... View More

Michael Ray Smith
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Michael Ray Smith
answered on Mar 30, 2022

If your LLC is currently taxed as a disregarded entity (i.e., like a sole proprietorship so that you report all the tax items on your Form 1040 instead of filing a tax return for the LLC), and you add members, you will need a new EIN. The LLC will then be taxed either as a partnership (the default... View More

1 Answer | Asked in Business Formation for Florida on
Q: I am starting a single member LLC in Florida. I want my personal and business tax to be separately filed. What form?

I believe I need to fill out up for an 8832 but not sure what to select.

Michael Ray Smith
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Michael Ray Smith
answered on Mar 24, 2022

It depends on what you mean by having your business tax and personal tax returns filed separately. The following answer has some information that you appear to already know, but I'll give a full explanation for those who don't. The answer you're likely looking for is at the end.... View More

1 Answer | Asked in Business Formation for Alabama on
Q: As a sole proprietorship (side business, appliance repair) is there a way to shield myself legally w/o an LLC?

I only do 3 or 4 jobs a month. Is an LLC worth it?

Michael Ray Smith
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Michael Ray Smith
answered on Mar 23, 2022

A disclaimer: I'm not an Alabama attorney, and this isn't legal advice. For a real legal opinion, you should consult an Alabama lawyer who will be familiar with all the nuances of your state's law.

That said, I err on the side of setting up LLCs to conduct almost any sort...
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1 Answer | Asked in Business Law for Indiana on
Q: Is your llc prohibited to work with a nonprofit if you sit on their board?
Michael Ray Smith
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Michael Ray Smith
answered on Mar 10, 2022

Not necessarily, but it is an area of concern. It creates a conflict of interest on the board of directors that must be handled appropriately. The conflict needs to be disclosed to the rest of the board, and the arrangement needs to be approved by the remaining disinterested directors or by a... View More

1 Answer | Asked in Banking, Business Law and Gov & Administrative Law for Indiana on
Q: There are references like "As added by P.L.14-1992, SEC.163." in IC. What does this mean and where can I find the text

Searching old Indiana Code and can't find anything. Example - IC 28-13-10-1 references the above. IC 28-7-1-16(d) and IC 28-13-10-1(b) are similar except the latter states "Unless the articles of incorporation or bylaws provide otherwise...." I need to find which IC controls, if... View More

Michael Ray Smith
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Michael Ray Smith
answered on Mar 8, 2022

What does that mean? Once a bill is passesd by the General Assembly, it is called a Public Law and assigned a number. P.L. 14-1992 Sec. 163 refers to Section 163 of Public Law 14 signed by the Governor in 1992, but that's about all you can tell from the number. Public Laws are difficult to... View More

1 Answer | Asked in Business Formation for Oregon on
Q: Can I use the word Mockingjay in a business name?

For example, I would like to name a non-profit I am creating, Mockingjay Medical

Michael Ray Smith
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Michael Ray Smith
answered on Mar 2, 2022

Given the connection of that name with the Hunger Games series, I'd be extremely cautious. Are you sure it's even a good business idea? In any event, you should consult with an intellectual property lawyer before using it in a business name.

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