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before our percentage split is this true as we dont have an operating agreement
answered on Sep 3, 2024
The sell and distribution of proceeds would be controlled by statute. The statutes that deal with this are more complex- and this is a simplification: If someone is buying the entity - creditor's claims would be dealt with first. After paying creditors if there are funds left over - any... View More 
My daughter was in an accident. The car and insurance was in my name at the time of the accident. The amount of the claim is $19,500 for hospital bills. My insurance covers up to $25,000 and that is what they are asking for. I do not have any assets or extra income for them to come after. I just... View More
answered on Jan 4, 2024
You likely have a lawyer provided by your insurer if you are at this point. the lawyer should be able to advise you as to your best next step- to provide the affidavit or not- and what to include/ disclose. If you want to get a second opinion - you would probably need to show the affidavit to a... View More
answered on Nov 16, 2023
A limited liability company has members and membership interests. Yes, you can purchase 99% of the interest in the LLC - but if you are leaving one percent- is that for the old owner- so they would be one percent equity owner? This sounds like a structure of membership issue. It may be... View More
My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?
Thank you,
answered on Sep 14, 2023
I am so sorry for your loss, and you are in my prayers- I have not lost a spouse- so I cannot appreciate fully your loss.
As to your question- you have done well not to post on the internet a lot of details - but at the same time without more details, it is hard to give much help. The... View More
My sister was killed in a car crash in Tennessee. The driver is being charged with vehicular and reckless homicide. My sister (33) did not have a spouse or children. So who can sue for wrongful death? Can it be my dad, myself and my other sister together? Or is just my dad?
answered on Jul 10, 2023
I am very sorry for your loss. The statutory answer is in the below statute. I would suggest creating an estate and having the personal representative file any action. Beyond this Tennessee has a one-year statute of limitations. So be careful and don't let the time run on a claim.... View More
We are moving out of state, and we are considering to rent our house (long term rent) instead of selling. I checked the CCRs and did not find anything about renting/leasing, except for this “No Lot shall be used except for residential purposes and except for those uses permitted to the Declarant... View More
answered on Jun 27, 2023
You should 1) check in your neighborhood - are there other long-term rentals? Is there a homeowner's association - confirm with them that they do not object to long term rentals and that there is not an amendment or change to the master documents.
Generally, this provision would... View More
We are a co-defendant in a garnishment. Plaintiff states that we are the co-defendant's employer. The defendant is a consultant (1099 employee) and we do not garnish wages for consultants. We want to get dismissed from this lawsuit without the need to hire an attorney.
answered on May 16, 2023
You have indicated you are a co-defendant in a garnishment. I am not clear on what you mean. I will assume that you are not a defendant - but rather you received a garnishment in regard to party that had a judgment entered against them.
If that is the case, you need to respond to the... View More
My mom passed in October and didn’t leave a will. Me and my two older sisters, of course, inherit her house. The oldest has her own home and doesn’t want any ownership. Me and the middle daughter were living in the home with my mother, and are now. We had agreed to sign a contract pertaining to... View More
answered on Mar 10, 2023
I am sorry for the loss of your mother.
I am assuming you are correct that you and your two sisters inherited the house. Based upon this the three sisters have an undivided 1/3 interest in the property. I understand you and a sister live in the house. The third sister owns an interest... View More
We have 2 LLCs that have partial shared ownership, 2 people are owners in both, 2 more are owners in just one. We are hoping to have an S Corp that is owned by the 2 that own both to employ everyone that currently works in the LLCs to consolidate and simplify things for employees and compliance.... View More
answered on Mar 10, 2023
You could set up an entity to provide employees to both and then be reimbursed by both entities for the employees. Or the employees could be employed by one entity and when they work for the other - the other entity reimburses the first entity for the time of the employees.
It is my understanding that it is not enough for one party to prove he/she did not intend a binding contract but must prove that both parties agreed there was no binding contract between them. Is this correct in TN law?
answered on Jan 10, 2023
Both parties must agree to as to the formation of a contract - a unilateral "contract" generally would not be binding. But contracts can be formed by one party requesting an action and the other party performing and the performance is an acceptance- so your question's answer may be fact specific.
I have an online business that I made with a friend but everything is in my name included the LLC but he is in a good amount of the footage that our online course provides but his name is literally on nothing except for about half of the videos. I do think he should be payed something but how do I... View More
answered on Oct 26, 2022
Your post indicates that you are the only member of the LLC and from this I am assuming all of the online content is owned by either you or the LLC. You don't indicate the agreement with this other person - and you likely should discuss this with a lawyer rather than creating another post. -... View More
I sued someone for breach of contract. This individual has 10 days to appeal. If they don't appeal and I still don't get my money I sued for, when and how do I follow through with a writ of possession?
answered on Jan 29, 2024
If you filed a detainer action and sought possession of property you had leased- at the end of 10 days, you can request a writ of possession from the Clerk.
I have driver's information. A police report was filed. And their were witnesses.
answered on Jan 24, 2024
Yes. you have the ability to bring an action against the driver of the other vehicle.
Since concierge services will be provided in patients homes, am I allowed to use my home address as the business address if I own the home?
answered on Dec 20, 2023
In your filing with the secretary of state - you can list your home address. You can form an LLC.
The issue with the address may become a local zoning issue- as to whether you can operate this business out of your home.
Tennessee
answered on Dec 11, 2023
This will depend on your LLC operating agreement. There should be provisions in relation to the withdrawal of a member.
We (the HOA) board would like to manage the HOA without the aide of the management company. Looking to control cost and save money.
answered on Sep 28, 2023
An attorney with a real estate background. I would suggest the Tennessee Law Center in Memphis.
If another driver has falsely accused us of being active shooters can we Sue that driver?
answered on Jun 7, 2023
Go to this site and make a request.
https://www.seviercountysheriff.com/public-records-request-form.html
I received a FB notice about this settlement: Facebook, Inc. Consumer Privacy User Profile Litigation, Case No. 3:18-md-02843-VC, United States District Court for the Northern District of California. After several tries by phone & email, I cannot get a suitable answer to my question from their... View More
answered on Apr 28, 2023
https://www.facebookuserprivacysettlement.com/#home
Cut and paste this link - Review this page and then there is a link to fill in a claim.
answered on Mar 27, 2023
Whether your landlord can change the rate "mid-term" in the lease will depend on the language in the lease. If there is no provision allowing for this- then - no, the landlord shouldn't be able to change the rate during the term of the lease.
We charge a fee for pets but how do we know if the guests animals are really service animals or emotional support animals since we can’t ask for proof? When people come in saying they have either they never come in with the animal so we don’t see a vest/harness even when we look on the cameras... View More
answered on Mar 1, 2023
I am providing a link to the ADA.gov website. This should answer your questions.
https://www.ada.gov/resources/service-animals-faqs/
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