I am employed, in CA, "at will" with a Limited Liability Company, Stepping Stones Group, that provides services to educational institutions. I am hourly. I started 3 months ago. Included in my offer letter, was an employment agreement. A section of the agreement, under "No... Read more »
First, you should immediately seek legal counsel from a California employment law attorney. The following is a general discussion of the law and should not be relied on as the complete and total answer to your question. Generally, with some exceptions, an Employer cannot prevent an employee from...Read more »
Generally, the executor named in the will, will have to file a probate with the Superior Court of the county that your mother lived in when she died. Pursuant to that, there would be a hearing appointing the executor after notice to certain persons. Soon thereafter, the executor would file an...Read more »
My living trust was created in the past, and it already includes my rental property. Next year, I want to create an LLC for my rental property. After the LLC is created, do I have to add the LLC into my trust?
Yes. If you want to help your family avoid having to probate the LLC interest when you die, you need to either own the LLC as Trustee of your living trust, or name a beneficiary for your LLC shares in the LLC operating agreement. The best approach is to make the owner of the LLC yourself, as...Read more »
No. The recording of the affidavit of death of Joint tenant is the same as a deed from the deceased spouse to the surviving spouse. No further deed is necessary unless the spouse creates a living trust and then transfers title to the property to that new living trust.
A legal entity (LLC) has been established. One of the documents required to do business is the Operating Agreement. The problem is that some of the members are non-U.S. residents. Because of the epidemiological situation, we cannot be physically present in the United States.... Read more »
In California, electronic signatures and photocopied signatures are as legally valid as originals for most legal documents that do not need to be recorded. LLC operating agreement signatures do not need to be notarized unless the document will be recorded. However, I have never seen an LLC...Read more »
If your S Corporation becomes a partner in the partnership, then your S Corporation will report the income from the partnership as evidenced by K-1 issued to it by the Partnership. Then, you will report the income on your K-1 from the S Corporation because the partnership income passes through to...Read more »
My parents bought the home in 1995 and owned it 50/50. About 6 years ago they divorced and my mother moved out and my father stayed living in the home with my brother and me. My father recently passed in June of 2021 and left his 50% ownership to my brother and me in his trust. My mother is gifting... Read more »
You shared a lot of facts and posed what ultimately appears to be a income tax question concerning the tax effect of your sale of your 1/2 interest in the house. You are not asking about the effect of Proposition 19 on the property taxes you would pay.
If an estate entering probate has substantially appreciated assets and also has debts, such that some assets must be sold to settle the debts, are the proceeds from the sale subject to capital gains against their original basis or their stepped-up basis from the date of death?
Generally, there is only taxable gain from the sale of an asset that was included in the decedent's estate if the property is sold for more than its date of death value. But, be warned: certain types of assets do not obtain a date of death step up in income tax basis to fair market value....Read more »
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