Questions Answered by Stefan Dunkelgrun

Q: What is the best way to research whether a company offering to buy mine is financially sound?

1 Answer | Asked in Mergers & Acquisitions for California on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
ask them for their financial records - income statement & balance sheet. You could also ask for a letter from their bank.

Q: If an agreed upon merger ends up not happening because one company pulls out last-minute, what are the other company's

1 Answer | Asked in Mergers & Acquisitions for Florida on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
that depends entirely on what kind of interim agreements the two companies had.

Q: What is a company's board of director's role during a merger?

1 Answer | Asked in Mergers & Acquisitions for Hawaii on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
the job of the board of directors is to supervise management (the executive officers). Ordinarily, the board would be heavily involved with the discussions surrounding the merger. At the very least, they'd be part of the discussion of what the board of the merged company would look like, which executives would have what role, what their compensation would be, as well as the compensation for executives who will be departing, and the overall pricing / valuation of the merger.

Q: Should I set up a Limited Partnership or Corporation to buy a business with investors who will not be in its management?

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
this is too broad a question with not enough specifics. The legal, managerial, and tax implications of a limited parnership is quite different from that of a traditional corporation, and that's without even discussing some of the other possibilities, like a limited liability partnership, limited liability limited partnership, a limited liability corporation, an S Corporation election, and more.

Besides, you may have different interests than your investors/partners, and may want to...

Q: They want me to sign a letter of intent - that doesn't mean I'm totally locked in, does it?

1 Answer | Asked in Mergers & Acquisitions for California on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
A letter of intent is proof that you are committed to the transaction. It means that you generally agree to the transaction, but still need to work out the details. You are not locked in, but at the same time you may be liable for damages if you back out without a good reason. You should consult with an attorney before signing a letter of intent.

Q: Can I see my landlord for not accepting my Emotional Support Animal?

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for North Dakota on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
you can sue, but that doesn't mean you'll win.

To give a more practical answer, talk to attorneys who specialize in disability and/or landlord/tenant issues. If no one is willing to take your case on contingency, you'll probably lose

Q: who has legal custody of a child if there is no court order for custody of that child.

1 Answer | Asked in Child Custody for North Dakota on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
Legally, both parents still have custody (absent an agreement otherwise)

From a practical perspective, if one parent has physical custody, that parent will be making decisions

Q: My 11 yr old daughter has been telling me she doesn’t want to come to my place I have joint physical custody of her

1 Answer | Asked in Child Custody for North Dakota on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
There's the legal answer, and the practical answer.

Assuming her dad is supportive, I strongly recommend talking it through with your daughter and trying to get her to understand and come willingly. Forcing a child to come against her will might be more damaging to your relationship in the long run than giving her a bit more leeway now.

Do you really want the court to get involved?

Q: Dads will made up in Michigan,previous resident of Michigan. He moved to Florida,died in Michigan. Where is will read?

2 Answers | Asked in Probate for Michigan on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
Someone will need to open a probate. Probate is a legal procedure for transferring assets from a deceased person (your dad) to his heirs. The Will merely instructs the court as to how the assets should be distributed.

Probate should be opened in the State where your father resided at the time of his death, which presumably is Florida (but might not be. If he had the intent to return to Michigan, still had a Michigan driver's license, etc., he could technically still be a Michigan...

Q: This is re: Trust distribution as a benificiary do I have the right to ask for an audit/Acctg of everything?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
yes, you do have that right. You may request an accounting at any time, but depending on the terms of the trust, you may be limited as to how often you may request an accounting. If you do not receive an accounting, or if you feel something is missing or unaccounted for, you should contact an attorney.

Q: I have a Land Patent is that the same as a deed?

1 Answer | Asked in Real Estate Law for North Dakota on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
You do not have a land patent.

Land patents are the original grants from the government to the initial owner. All such grants were made over a hundred years ago. Any subsequent transfer would be by deed.

Q: I reported animal cruelty on my sons landlords now I'm being harassed threatened

1 Answer | Asked in Criminal Law, Civil Litigation and Landlord - Tenant for North Dakota on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
Document every interaction, log the time, date, the person involved, and the nature of the incident. Also document every interaction with the police. Bonus points if you have any other evidence, such as phone records.

Once you have sufficient documentation, if the police are not willing to do anything, talk to the local states attorney.

Q: After being together 13 years, I broke up with my now ex. As retaliation he won’t let me see my daughter

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Dakota on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
For starters, you should report the guns as stolen to the police.

If you have proof of any of what you said, seek help from an attorney to get full custody and a restraining order.

Q: I am a 19 year old female and my parents told me I have 7 days to move out. What are my rights?

1 Answer | Asked in Family Law for North Dakota on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
I'm sorry to hear about your situation. Unfortunately, any parental responsibility in North Dakota ended on your nineteenth birthday. They are no longer obligated to house you, feed you, or provide for you. If the care is in their name, then you no longer have a right to that either.

Please contact the Family Crisis Shelter in Williston, 421 34th street east. (701) 572-0757 and see if they can help arrange some shelter for you.

Q: Sole owner of 100% Shares of active TN Corporation died with will leaving 50% shares to employee/manager & 50% shares

1 Answer | Asked in Business Law, Estate Planning and Probate for Tennessee on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
For the next 5 years, employee/manager and daughter/secretary each own 50% of the company. What powers they have over the assets depends on the corporate documents.

In 5 years, the daughter's interest will terminate and the employee/manager will own 100% of the company. The daughter therefore has every incentive to distribute as much of the assets as possible.

If you're the employee/manager, you should consult with an attorney right away to try and protect your assets. You...

Q: Can you be forced to move from residence from home owners widow whom we're about were not known for years

1 Answer | Asked in Estate Planning, Civil Rights and Landlord - Tenant for Georgia on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
This is a simple question with a complex answer.

Who owns the home right now? Only the rightful owner, or someone with a lease from the rightful owner, can evict you.

If the home is in the name of a deceased person, the home will need to go through probate to be transferred into the name of a living person. Whether that's the widow or the grandson depends on the will, if there was one, or state intestacy laws if there wasn't. But even if the will left the property to the...

Q: I received moneys from a will. I signed the check and there was a disclaimer that this was final payment from the estate

1 Answer | Asked in Estate Planning for Minnesota on
Answered on Aug 7, 2018
Stefan Dunkelgrun's answer
it depends. If you are the named beneficiary of the life insurance policy, the payment should go directly to you, and not through the estate. If the estate is the beneficiary of the life insurance policy, then the estate would receive the payout and distribute it to the appropriate heirs

Q: If I am 17 and my partner is 14, would it be illegal to date, kiss, makeout, or leave hickies?

1 Answer | Asked in Juvenile Law and Sexual Harassment for Minnesota on
Answered on Aug 7, 2018
Stefan Dunkelgrun's answer
As long as your partner gives full consent, based on the information you provided, it is not illegal.

If the younger person is older than 13 and younger than 16, the older person may not be more than 48 months older.

Q: If I live in America but born in a different country, and have the green card,would my spouse also have the greencard?

1 Answer | Asked in Immigration Law for Minnesota on
Answered on Aug 7, 2018
Stefan Dunkelgrun's answer
No, your spouse would not also have a "green card". These are issued to the individual, and your spouse would need to apply for his own "green card".

Q: What form do we fill out to transfer home from joint to single? Husband and wife bought a house, paid it off, divorced.

1 Answer | Asked in Real Estate Law for Minnesota on
Answered on Aug 7, 2018
Stefan Dunkelgrun's answer
A quit-claim deed or a warranty-deed would be the way to do it

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.