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Questions Answered by Stefan Dunkelgrun
1 Answer | Asked in Mergers & Acquisitions for California on
Q: What is the best way to research whether a company offering to buy mine is financially sound?
Stefan Dunkelgrun
Stefan Dunkelgrun answered on Sep 16, 2018

ask them for their financial records - income statement & balance sheet. You could also ask for a letter from their bank.

1 Answer | Asked in Mergers & Acquisitions for Florida on
Q: If an agreed upon merger ends up not happening because one company pulls out last-minute, what are the other company's

remedies?

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Sep 16, 2018

that depends entirely on what kind of interim agreements the two companies had.

1 Answer | Asked in Mergers & Acquisitions for Hawaii on
Q: What is a company's board of director's role during a merger?
Stefan Dunkelgrun
Stefan Dunkelgrun answered on Sep 16, 2018

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... Read more »

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions on
Q: Should I set up a Limited Partnership or Corporation to buy a business with investors who will not be in its management?

Deleted question

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Sep 16, 2018

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... Read more »

1 Answer | Asked in Mergers & Acquisitions for California on
Q: They want me to sign a letter of intent - that doesn't mean I'm totally locked in, does it?
Stefan Dunkelgrun
Stefan Dunkelgrun answered on Sep 16, 2018

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... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for North Dakota on
Q: Can I see my landlord for not accepting my Emotional Support Animal?

I live in Fargo, North Dakota and currently there are no psychologists that sign for Emotional Support Animals, so I went online and found a psychologist that did. Only thing is that they are from California. My landlord denied my Emotional Support Animal letter because the psychologist is not from... Read more »

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Sep 16, 2018

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

1 Answer | Asked in Child Custody for North Dakota on
Q: who has legal custody of a child if there is no court order for custody of that child.

the parents are married but been separated for over year

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Sep 16, 2018

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

1 Answer | Asked in Child Custody for North Dakota on
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

I have been really lenient at making her come over I am at the point right now where I no longer am willing to let her decide when she does n doesn’t want to come over all we have is a verbal agreement on days I have her and her dad has her

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Sep 16, 2018

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...
Read more »

2 Answers | Asked in Probate for Michigan on
Q: Dads will made up in Michigan,previous resident of Michigan. He moved to Florida,died in Michigan. Where is will read?

So my dad was a previous Michigan resident. When he retired they moved to Florida. His will was written in Michigan, but as a resident of Florida. However he died in Michigan, as he was in Michigan getting chemo treatment, where he became terminal and never was able to return back to Florida.... Read more »

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Sep 16, 2018

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...
Read more »

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1 Answer | Asked in Estate Planning and Probate for California on
Q: This is re: Trust distribution as a benificiary do I have the right to ask for an audit/Acctg of everything?

Such as final trust asset amounts? all existing accounts? payments made? Where monies went? If so when do I request that? And if I feel that there is something missing or not accounted for what would my next step be. Thank you in advance.

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Sep 16, 2018

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... Read more »

1 Answer | Asked in Real Estate Law for North Dakota on
Q: I have a Land Patent is that the same as a deed?
Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 24, 2018

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.

1 Answer | Asked in Criminal Law, Civil Litigation and Landlord - Tenant for North Dakota on
Q: I reported animal cruelty on my sons landlords now I'm being harassed threatened

I reported animal cruelty on my sons landlords to the sheriffs department. The deputy gave them my name that I was in to file a complaint now I'm being harassed, threatened, and assaulted and the sheriff department will do nothing. I have called them 9 times in last 4 months because of them... Read more »

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 24, 2018

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...
Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Dakota on
Q: After being together 13 years, I broke up with my now ex. As retaliation he won’t let me see my daughter

I’m originally from Wa, and have lived in North Dakota with my daughter up until a year and a half ago when I needed immediate medical attention because of severe Crohn’s disease, malnutrition and heart failure. I am now on the mend and would like my daughter to live with me in Wa because that... Read more »

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 24, 2018

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.

1 Answer | Asked in Family Law for North Dakota on
Q: I am a 19 year old female and my parents told me I have 7 days to move out. What are my rights?

They have supported me my whole life sending me to private school and only until this summer did I get a job as they said it was unnecessary in the past. This summer they told me I had to live with them here in ND instead of our home in AZ. I was told I have 7 days to get out of the apartment by... Read more »

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 24, 2018

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.... Read more »

1 Answer | Asked in Business Law, Estate Planning and Probate for Tennessee on
Q: Sole owner of 100% Shares of active TN Corporation died with will leaving 50% shares to employee/manager & 50% shares

to daughter for 5 years. After 5 years, daughters' 50% shares to be given to employee/manager. His will named employee as CEO & daughter as Secretary. Who owns the C Corporation? Who is entitled to the financial Corporate assets? Daughter also named as Executor but cleared money out of... Read more »

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 24, 2018

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...
Read more »

1 Answer | Asked in Estate Planning, Civil Rights and Landlord - Tenant for Georgia on
Q: Can you be forced to move from residence from home owners widow whom we're about were not known for years

I have lived at my residence for 1 year and my mother in law for 2. She was taking care of an elderly woman who passed a year ago. The home is in her decised son's name an widow was not able to be found by us nore family . Grandson said we could stay there as long as we kept it up. Widow shoes up... Read more »

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 24, 2018

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...
Read more »

1 Answer | Asked in Estate Planning for Minnesota on
Q: I received moneys from a will. I signed the check and there was a disclaimer that this was final payment from the estate

does this mean I would not be eligible for any life insurance payment or are they separate?

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 7, 2018

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

1 Answer | Asked in Juvenile Law and Sexual Harassment for Minnesota on
Q: If I am 17 and my partner is 14, would it be illegal to date, kiss, makeout, or leave hickies?
Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 7, 2018

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.

1 Answer | Asked in Immigration Law for Minnesota on
Q: If I live in America but born in a different country, and have the green card,would my spouse also have the greencard?

We would be living in my country, we wouldn’t be living in the United States. Would he also get a greencard because I have it ? And could he go behind my back and apply for it and take it ?

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 7, 2018

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".

1 Answer | Asked in Real Estate Law for Minnesota on
Q: What form do we fill out to transfer home from joint to single? Husband and wife bought a house, paid it off, divorced.

Wife continued living in home still jointly owned; ex-husband remarried and owns a home in another state. Ex-husband is terminally ill and wants first wife to own joint home outright. He is concerned that current wife would inherit his share of Minnesota home, under Pennsylvania marital property... Read more »

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 7, 2018

A quit-claim deed or a warranty-deed would be the way to do it

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