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answered on Oct 17, 2014
Even when my clients are buying a house for cash, I advise them to use a closing or settlement agent to handle the closing to make sure everything is done correctly, and I also advise them to obtain an owner's title insurance policy, which will likely require a survey to be performed. The... View More 
We had a contract to sell our house. She didn't qualify for a loan. 2 weeks later she buys an even more expensive house. Can she legally withhold financial information to prevent the sale from proceeding?
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answered on Jul 19, 2014
If I understand correctly, you are a bit suspicious that the buyer may not have disclosed all of her financial information in applying for a loan precisly so she would not qualify and therefore could get out of the purchase agreement. A couple of thoughts....
Most purchase agreements that... View More
It was signed 2 days ago. Have already asked buyer if they would reconsider. As of right now it doesn't look like they will.
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answered on Jul 8, 2014
This answer may be a bit late but. . . . based only on the facts you've given, and assuming the contract is valid and created a binding obligation for you to sell, it seems you have to possibilities: (1) Go through with the sale. (2) Try to negotiate a resolution with the buyer which will... View More
They had just signed an 18 mo. lease (2nd lease) and then lied about accepting a job offer in DC and it would create a hardship if they couldn't get out of the lease. I just found out they never moved and just wanted out of the lease. Am I stuck without recourse?
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answered on Jul 8, 2014
Based only on the facts you've given, it appears that you likely have a claim against the former tenants for fraud. I recommend you see an attorney to discuss the facts in more detail and to discuss the remedies you might have available to you. Take a copy of the lease with you and copies of... View More
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answered on Jul 8, 2014
Possibly. The Internal Revenue Code imposes liability for the failure to collect and pay withholding on "responsible persons." Responsible persons can include officers, directors, shareholders, and others. The test is not really the person's title but whether the he or she had a... View More
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answered on Jun 27, 2014
Sure. The only reason I can think of that might prohibit it is if one or both of them are franchises, and the franchise agreement prohibits you from owning a competing business -- but even that seems unlikely in your example of a hardware store and a cabinet store.
I have several emails discussing that we took over the house and that the seller would write an agreement. This never happen and now she wants to change the agreement after we have paid on it for 2 years. Can I stop her from doing this?
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answered on May 16, 2014
I agree with Mr. Snyderman. In addition to the question of whether the email messages contain enough documentation of the essential terms, there can also be a question of whether the email messages are "signed."
However, the situation that you describe presents a slightly... View More
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answered on Apr 18, 2014
Yes. If land is owned jointly by two people (whether it's as joint tenants or tenants in common), each owner has the right to full use of the land. However, if the property is leased, each owner should get half the rent, regardless of which owner made the lease. And if there is a... View More
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answered on Apr 18, 2014
I assume nothing has been done so far and the house is still entirely in the husband's name. In that case, if the husband dies, the house will pass to his heirs either under his will, if he has one. If dies without a will, the house will pass to his heirs according to the rules of intestate... View More
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answered on Apr 18, 2014
Yes, usually, but it depends on how the deed reads. Usually, if the house was bought during the marriage, the deed will give the married couple a "tenancy by the entirety." If they bought the house before they got married, the deed will usually give them a "joint tenancy." In... View More
Mother sold house to her sons. One of the sons does not want to sell? Can we force him to sign the papers to sell house?
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answered on Apr 7, 2014
You should consult an attorney about filing a court petition to "partition" the property under Indiana Code 32-17-4.
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answered on Apr 7, 2014
Does a very small church NEED to incorporate? No. There are many small churches, and some large ones, that operate as unincorporated associations. However, I advise all my nonprofit clients, including churches, to incorporate. Although I can't speak specifically to Alabama law, in my... View More
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answered on Apr 2, 2014
I'm guessing that you are talking about property that was held in joint tenancy with right of survivorship. One of the joint tenants died, and now the property is owned by the surviving joint tenant. If that's the case, the surviving joint tenant can sign a document called an affidavit... View More
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answered on Apr 2, 2014
Either one will work. If you organize the LLC in Pennsylvania, you'll need to obtain a Certificate of Authority to transact business in Indiana from the Indiana Secretary of State. Either way, you'll need a registered agent and registered office in Indiana. There are companies that... View More
It will go to my kids without going through probate. Is that the only way to do it?
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answered on Mar 26, 2014
A living trust can be a good way to leave your business to your children, but it's not the only way. Another very good way to do it is to designate your LLC interest as transfer on death (TOD) property with your children as benefiaries.
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answered on Mar 22, 2014
Assuming the nieces and nephews are the only survivors (i.e., no spouse, no parents, no children, grandchildren, great grandchildren, etc.), the nieces and nephews will take "by representation" or "per stirpes." In other words, the two siblings, had they survived, would have... View More
We are trying to find out if it is legal in INDIANA to own 2 corporations with the same name at the same time??? If it is what are the statutes that allow said law. EX: ABC Inc. and ABC Inc.
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answered on Mar 22, 2014
Indiana Code 23-1-23-1(b) says that the name of a corporation has to be distinguishable from the name of another corporation or other business entity organized in Indiana. So, no, there should not be two Indiana corporations with the same name. In fact, there should not be an Indiana corporation... View More
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answered on Mar 22, 2014
Any Indiana business corporation -- whether it is taxed as an S-corporation or a C-corporation -- is required to keep certain records specified by Indiana Code 23-1-52-1, including, among other things, minutes of all shareholder meetings and meetings of the board of directors. Those records must be... View More
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answered on Mar 22, 2014
At least in Indiana, a gift of the "contents" of a house set forth in a will generally includes only those things that are ordinarily identified with a home, which would probably include pictures, but not documents such as stock certificates, insurance policies, certificates of deposit,... View More
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answered on Mar 22, 2014
It depends on whether the couple owned the property as joint tenants or as tenants in common, which can be determined from the deed. If they owned it as joint tenants, the deceased person's 1/2 interest in the property automatically passed to the surviving member of the couple, and he or she... View More
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