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My last royalty check from an oil and gas company in Texas, which sold its assets to a new company, reflects changes in decimal interest. These adjustments appeared before the asset transfer and overpayment occurred in 2021. Does this imply that the overpayment issue was resolved prior to the... View More 
I sell handmade items in person at reenactment events, approximately two times a year, and typically earn around $1,000. These events are held about 30 minutes from my home in Indiana. I haven't registered my business or obtained a business license since my goal is not to make money but just... View More
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answered on Apr 16, 2025
You’re engaging in isolated, occasional sales of handmade goods rather than operating a regular retail business, so Indiana treats those transactions as “casual sales.” Under 45 IAC 2.2‑1‑1(d), gross retail tax does not apply to casual sales of tangible personal property (other than... View More
As a business operating in Florida that installs residential closets, do I need to obtain a specific type of license, and are there any local regulations or permits required for these installations?
answered on Apr 16, 2025
In Florida, whether you need a permit for installing a residential closet depends on the scope of the work and your local building regulations. Before proceeding with your closet installation, it's advisable to consult your local building department to determine whether a permit is... View More
I am almost 80 and live in Baja California, Mexico. My wife divorced me in December 2015, claiming no assets, but we have a joint trading account with E*Trade. When I tried to remove her from the account, E*Trade's legal department froze it and requested court documentation to remove her. She... View More
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answered on Apr 16, 2025
It sounds like you’re in a tough situation. Since your ex-spouse is unresponsive, your next best step would be to pursue legal action through a California court. It might help to contact a family law attorney in California who can provide guidance on how to proceed with obtaining a court order... View More
I am a royalty owner concerning an oil and gas company in Texas. I suspect there has been an overpayment on my royalties, but the company has not responded to my inquiries about this. I have noticed a discrepancy in the 1099-MISC, which shows a higher excess of taxes deduction based on the total... View More
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answered on Apr 16, 2025
You have the right to be fully informed about any royalty overpayments and the method the oil and gas company intends to use for recoupment. In Texas, oil and gas companies must account to royalty owners with a duty of transparency and accuracy. If there has been an overpayment, the company is... View More
I live in a "private" community managed by an HOA, where residents are required to purchase parking permits and badges to use our amenities, such as a private lake and trails. Despite signage indicating "private, residents only - towing enforced," the HOA management allows... View More
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answered on Apr 16, 2025
In North Carolina, homeowners' associations (HOAs) have a fiduciary duty to act in the best interest of the community, which includes enforcing rules and regulations that are established by the residents or the governing documents. This duty is generally derived from the governing documents of... View More
How does a company justify attorneys’ fees when collecting identical debts from numerous customers? The company's in-house attorneys are enforcing a contract with attorney fees by suing me, and they file nearly identical lawsuits against other customers weekly, using a longstanding template.... View More
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answered on Apr 16, 2025
When a contract includes an attorneys’ fees clause, it typically allows the prevailing party to recover “reasonable” attorneys’ fees incurred in enforcing the agreement. Even if the legal work is repetitive or done using templates, the key issue is whether the fees claimed are reasonable... View More
I worked as a business manager at a church where I prepared checks and bank deposits, and entered all deposits into QuickBooks. A third-party accounting firm reconciled the books, and I counted weekly income with the secretary. I was terminated for taking vacation while accruing vacation time... View More
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answered on Apr 16, 2025
It's natural to feel uneasy when you hear the word “audit.” Keep in mind that the archdiocese review focuses on the parish’s financial processes as a whole, not on finding fault with you.
You already had a third‑party firm reconciling the accounts, and you completed tasks... View More
I'm planning to start a trading card business with my partner, where we are the only two people working for the business. We plan to keep finances simple with a joint business account and track all purchases. Our primary goal is to grow the business, and we're looking for a 50/50... View More
answered on Apr 16, 2025
You should meet with an experienced business attorney and a CPA to discuss this before you just choose an entity type (LLC v LLP v S Corporation) and have a 50/50 partnership. I am generally not a fan of 50/50 ownership unless you have very clear documentation on how you terminate or get out of a... View More
Our church in Arizona wants to know if we can legally pay an honorarium to each advisory board member who has served as a volunteer for many years. They are not employees, and previously, we have given gifts worth about $150-200 each at Christmas. The board members are responsible for spiritual... View More
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answered on Apr 16, 2025
Yes, your church in Arizona can legally give honorariums to advisory board members, even if they are volunteers, as long as the payments are modest and not treated as formal wages. Honorariums are typically used to express gratitude for services that are not rendered as part of employment. However,... View More
While staying at a bed and breakfast, I drove a golf cart owned by the establishment. After parking it, the cart rolled back and collided with a truck. I did not sign any waivers or responsibility acknowledgments about liability before driving the golf carts, and there were no signs or verbal... View More
answered on Apr 16, 2025
Don’t pay it or respond. If you didn’t sign the agreement, you’re not bound by it. Make them sue you and force them to use their insurance.
I hired a personal advisor who arranged to house my money at Schwab. Initially, communication was good, but once the money started transferring, the advisor stopped communicating. I attempted to contact her several times without any assistance. Although we haven't lost any money, $1,350 was... View More
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answered on Apr 16, 2025
Based on your description, there may be concerns involving both financial mismanagement and potential misrepresentation. Since you’ve noticed unauthorized deductions and changes in advisor information, it would be wise to have a qualified attorney review any agreements or account documents you... View More
I received a detailed payments report from an oil and gas company in Texas, showing a significant sum of mineral rights royalties cleared. These royalties seem to include an overpayment issue, which arose after the original oil and gas company sold its assets to a new buyer. I need to know whether... View More
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answered on Apr 16, 2025
You won’t just lose that overpaid amount—the right to recoup it travels with the leases when the original company sold its assets. The buyer you’re now dealing with stepped into the prior operator’s shoes and can reclaim any overpayments by deducting them from your future royalty checks or... View More
I would like to form an LLC in Florida under the name "Visionaire Enterprise." However, this name is too similar to an existing business, "Visionaire Enterprises," in the state. I am considering using the name "Visionaire Legacy" for my LLC and filing a DBA as... View More
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answered on Apr 15, 2025
Under Florida law, here’s how your situation would play out and what you need to know and do:
1. LLC Naming Rules
Florida requires that the name of your LLC be distinguishable from any other entity registered with the Florida Division of Corporations. So, if "Visionaire... View More
I am residing in Pakistan and am interested in starting a digital magazine online. I would like to register it as a Limited Liability Company (LLC) in New York State in the United States. Although I currently reside in Pakistan, I may shift my business office to the US in the future. Is it possible... View More
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answered on Apr 15, 2025
Yes, you can register an LLC in New York as a non-resident. New York, like many other states, allows foreign individuals (those who are not residents of the U.S.) to form an LLC. The process will involve filing the necessary paperwork with the New York Department of State and paying the required... View More
I obtained a Florida marriage license at the Clerk's Office on 09/21/22, which both my partner and I signed. We had a symbolic wedding abroad, but the marriage license was not notarized or signed by the wedding officiant and was never sent back to the court to be recorded. We have a joint... View More
answered on Apr 15, 2025
Obtaining a license by itself does not mean that you are married. Florida, like most states, does not recognize common law marriage so how you have lived and the joint bank account are not important. You could do an online search of the clerk who issued the marriage license to see if there is a... View More
I signed a 4-year contract with my employer. After one year of employment, my employer verbally informed me of their intent to sell the company. The contract has no terms about company ownership changes, but it does state that if sales goals are not met after two years, the contract would continue... View More
answered on Apr 15, 2025
It is legal for for an employer to sell a company with a 4-year employment contract in place.
In a divorce with no children and no prenuptial agreements, is it possible for the wife to keep the primary home valued at $850,000 with a mortgage balance of $292,000, if the husband keeps a rental property valued at $260,000 with a mortgage balance of $35,000, another property valued at $275,000... View More
answered on Apr 14, 2025
Yes, is it possible for the wife to keep the primary home valued at $850,000 with a mortgage balance of $292,000, if the husband keeps a rental property valued at $260,000 with a mortgage balance of $35,000, another property valued at $275,000 with a mortgage balance of $75,000, and a 401K worth... View More
Do I have any recourse to recover a portion of the property value or monies spent after a split with my girlfriend of seven years? We had a verbal agreement when acquiring a house in Key West seven years ago. She paid for the house in cash ($580k), and I was responsible for rebuilding it. I... View More
answered on Apr 14, 2025
Yes, you can claim unjust enrichment, constructive trust, resulting trust, promissory estoppel, and partnership, among others. If you have emails or text messages, those constitute a written agreement that can be the basis of a claim in contract as well. We have had success litigating this issue... View More
I am concerned about the legality of a transaction made by the CEO/President of a nonprofit organization in Michigan, who transferred $150,000 of the organization's funds to a for-profit company under their control. The purpose of the transfer is unknown, and there was no board approval for... View More
answered on Apr 14, 2025
The transaction is questionable. We would need to review the company's articles and bylaws to identify the steps necessary to authorize such a payment, and we would need to review documentation of the payment to assess compliance with the articles and bylaws. Another issue is whether this is... View More
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