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answered on Oct 9, 2017
There is no complication assuming both companies are corporations. You have two ways of handling the merger once you decide how you want the ending structure to exist.
1. Merger one company into the other and then file as a foreign corporation in the state which there no longer exists a... View More
I may get terminated from my job and my boss is forcing terminated employees to sign agreement to not go work for competitors if I refuse to sign agreement what can I expect
answered on Oct 3, 2017
First, while trying to make a non-compete agreement as part of a termination package is clever, I am not sure it is enforceable under MA law. Moreover, unless someone is properly compensated, promotion and raise or a raise, a non-compete agreement is not enforceable if not executed at the time of... View More
I bought a travel trailer and was told I didn't need a title for a travel trailer and that he didn't have it but could get it. Now he tells me he Never had it but the guy he bought it from has it. I'm just trying to get the title
answered on Sep 28, 2017
You need for him to get you the title or return your money. Selling the trailer without providing the title is fraud and you might have a stolen trailer.
I live on my fathers farm we raised cattle and. I have invested alot of money into the property. We share labor and equipment. I would like to figure out how to not lose the property and my investment in it when he passes i have 4 siblings. My father says i have first option to buy it in hiswill... View More
answered on Sep 28, 2017
There are a variety of ways to protect your investment in the farm. You could buy your father out now on an installment sale so when he dies, your family gets paid the remainder and the money is split according to your father's Will or Trust. Your father gives you a note which is interest... View More
I do not want the nursing home going after the house.
answered on Sep 26, 2017
I assume the title is as joint tenants. Until your mother dies you both own the home. The fact she temporarily is not living there does not mean you own the home. Assuming your title is as joint tenants, when your mother passes you record her death certificate and at that point the sole title to... View More
answered on Sep 25, 2017
No there is no standard agreement for this. There are a variety of issues you have to resolve. First, is this an investment property or do you intend to share the property as a home. Then there is the division of the property and contributions by each party- whether it is to be shared in two... View More
there any way for me to void the acquisition or get recompense for the newly discovered loss?
answered on Sep 19, 2017
Yes, if what you are telling me is that they engaged in fraud by altering their books and the alterations are material such that you either would not have proceeded with the acquisition or would have changed the price and terms, then you have grounds to rescind the transaction or to sue the... View More
My mother passed away intestate in Jan 2014. Recently, I was appointed PR of the estate. In addtion to myself, my sister and brother are the only legal heirs. The estate's only asset is the family home which is a multi-family, 3 decker, located in MA. Currently, my sister resides in the 1st... View More
answered on Sep 19, 2017
This presents a complicated issue. I would go to court and ask for permission to charge and collect rent as well as sell the property, not so much as to get permission but to save you from a contest over your actions by your sister in the future. I would contact an attorney immediately for help.... View More
As an LLC, we file as an S-Corp for federal taxes. We have an existing contract with the foreign company for services, resulting in expected revenue for 3 years. Can they purchase part of the LLC even though we file as an S-Corp? Or should we reform as a C-Corp. What then becomes of the existing... View More
answered on Sep 15, 2017
You would have to elect to be taxed as a partnership or as a C-Corp. A foreign entity cannot own part of an S-Corporation. However depending upon the purpose of the investment and the nature of how you want to operate there may be an alternative set of structures to accomplish your goal.
answered on Sep 14, 2017
If they are including severance pay, then she may have to sign something. If they are just paying her wages and accrued vacation pay, then no she does not have to sign anything. I would contact an employment attorney in your area if you have more questions.
The question is : can an employee of a company or the company itself or jointly be sued for the malicious act of that employee causing an employee of another company to lose his/her job without justification?
answered on Sep 14, 2017
If the action by the company and/or the employee was with malicious intent, then it is an intentional tort. The issue then becomes whether the employee was acting within his/her official capacity or not. Anyone can file a lawsuit, the issue will be whether the action was outrageous or not and if... View More
He is a part owner of property since his mother passed in mid 80's. Home was owned by his grandmother, his mother. her brother and very small part to his mother's half sister. Grandmother and aunt (half sister-just passed) have passed several years back and now his 2 sisters and his... View More
answered on Sep 8, 2017
First contact a local attorney in Louisiana. As a part owner, they need your consent to sell the property or they have to file a petition for partition or the equivalent in Louisiana. You question should be under real property or taking by adverse possession. The real issue in an adverse... View More
In summons for breach of contract, Plaintiff included a 95% illegible copy of the original agreement. Over 10 months I requested a better copy or to see the original. 3 times Plaintiff sent new reproduction but still illegible & said they were unsure if the original exists. I have 2 contracts... View More
answered on Sep 5, 2017
You can argue that they failed to provide information requested in a timely manner and ask for its exclusion. There is no guarantee you will succeed. Likewise, seek permission to revise your answers to the Interrogatories based on the new legible copy. I believe you need to get assistance from... View More
I worked there full time for about two months I injured my leg on the job, I told them about it they still had me work the next day I tried my best but could not work through the pain I told the manager I cannot work on it I need to go to a doctor to make sure it doesn't get worst I got hurt 2... View More
answered on Sep 5, 2017
Contact a workmen's compensation attorney immediately. If you do not know one, call the Massachusetts bar association and ask for a list of attorneys in your area to assist you.
Everyone has passed away a and now I'm receiving mail saying I'm being sued
answered on Sep 5, 2017
You need to file a petition to open the estate and claim the property. Check to see if an estate was ever opened before for the owner whose name appears on the deed. First, contact a local title search company like Quirk Title and order a title for the property. Check with the probate court where... View More
I borrowed money to my friend for rent (i paid rent for him), and he owes me $ 2605. He is moving out of town, and still does not have the money.
How should I formulate the statement he needs to sign, in order to have a legal promise from him, that he will pay me the amount owed?
day he died. I am so upset very disrespectful
answered on Aug 20, 2017
It is the person appointed Personal Representative's responsibility to do so, or if everything is in a Trust, the Trustee's responsibility. Apart from looking for the Will or a copy of the Will, he should not have done anything by himself.
answered on Aug 19, 2017
It does not have to be done by an attorney, but I would recommend you have an attorney do it. There are two types of Powers of Attorney, a regular one and a Durable Power of Attorney (DPOA). Most Estate Planners draft Durable Powers of Attorney. There are variations of DPOAs, immediate authority,... View More
The company stopped paying his health insurance. Are they required by law in MA. To cover him still? He has become I'll and really has needed it for the last two years.
answered on Aug 15, 2017
A company is not required to pay for a former employees medical insurance. However, under MA m law he would have been entitled to Cobra rights to pay for his insurance under the company plan. If he is still listed as President of the company that raises some interesting issues as to whether he... View More
In 2015, friends and I started a business. We allocated shares, and set up a vesting schedule. In 2016, we decided to allow the business license (Delaware) to lapse and operate with funds from an existing LLC business I own, however, the other partners do not benefit from the LLC business.... View More
answered on Aug 14, 2017
More information is needed to give you more detailed advice, but you have two basic options, revive the DE entity and sell the business or document the transfer of the business to the LLC and have it sell the business. The devil will be in the details. I would recommend you sell the assets of the... View More
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