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If a will stipulates that beneficiaries be paid over a 5-year period based on the business's value at the date of death, is the executor responsible for ensuring these payments even if the business is underperforming? My father's will appointed the manager of his small trailer rental... View More 
answered on Apr 10, 2025
The executor is obligated to carry out the terms of your father's will, regardless of the business’s performance—unless the will explicitly conditions the payments on available business income.
If the will says beneficiaries are to be paid based on the business's value at the... View More
I plan to start an online store selling t-shirts through print-on-demand platforms like Amazon, Printify, and TeeRepublic, while operating remotely from outside the U.S. I will manage the catalog and payment setup, with shipping outsourced and handled by providers directly to customers.
I... View More
answered on Apr 10, 2025
That's a great idea! Amazon and other U.S. based platforms will apply U.S. law which includes the U.S. copyright period, which ls longer than in many other countries. For works created on or after January 1, 1978, copyright lasts for the life of the author plus 70 years. If it's a work... View More
I have a retail business in California under an LLC with four members. We deferred sales tax payments from previous quarters due to the business not generating any revenue and have a payment plan set up with the CDTFA. If we have to shut down the business, will the sales tax balance affect the... View More
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answered on Apr 9, 2025
The sales tax liability is usually considered a debt of the LLC, not the individual members, as long as the LLC has been properly maintained (e.g., keeping business and personal finances separate, filing required paperwork, etc.) However, there are situations where the CDTFA could attempt to hold... View More
I own a rental property in Texas, and my property management company was negligent in screening tenants and maintaining the property. The tenant who signed the lease allowed multiple families to live in the house. Despite repeated complaints and monthly HOA violations, the management company failed... View More
answered on Apr 9, 2025
The success of your case will turn heavily on the language of your agreement with your property management company and the particular facts and circumstances of your case. You will need to prove how the management company knew or should have know that the tenant who signed the lease was likely to... View More
I am the beneficiary of my ex-husband's life insurance policy, which he activated during our separation and continued to pay for 7 years. There was no update to the beneficiary status after our divorce. Now that he has passed away, I'm facing opposition from his son, who is contesting the... View More
answered on Apr 8, 2025
A Wyoming attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your ex-husband. Each state could have its own laws for such scenarios. But the short general answer (subject to state law) is that divorce should not automatically remove a person as... View More
As the next of kin, do I have the right to view a life insurance policy on my deceased father that is held by his ex-girlfriend? He passed away unexpectedly without a will. They were in a long-term domestic partnership, and I suspect she may have removed me as a beneficiary without informing me or... View More
answered on Apr 5, 2025
A Massachusetts attorney could advise best, but your question remains open for a week. Until you are able to consult with a Massachusetts attorney for state-specific guidance, in most places, the carrier won't share that info with anyone who is not designated on the policy as a beneficiary.... View More
I purchased a mobile home for $7,500. The seller was due $5,000, and the party helping to sell the mobile home was due $2,500. I have a bill of sale and a title. If the party assisting with the sale didn’t pay the seller the full $5,000, can they stop me from moving the home? The seller hasn’t... View More
answered on Apr 4, 2025
The lawyer's answer is: "It depends." Do you have an obligation to pay the $5,000 or the $2,500? If the seller has neither cash nor an enforceable promissory note and lien against you, then he is likely within his rights to prevent delivery and installation of the mobile home. If... View More
While opening my barbershop, a tire from a pickup truck detached and struck me, causing me to dive for safety and injuring my back. I received medical treatment for my injuries. The driver remained at the scene, and a state trooper report was filed. I had a lawyer but was not satisfied, and... View More
answered on Apr 4, 2025
A South Carolina attorney could advise best, but your question remains open for a week. I'm sorry about the accident and the injuries and shop damage you suffered as a result. If you're looking for another attorney, you'd need to reach out to law firms on your own. No one here could... View More
I was awarded a vehicle in my divorce, but the credit union refuses to acknowledge the divorce decree, stating the loan and title remain in my ex-husband’s name. They will not allow refinancing in my name, affecting my ability to register the vehicle. I’ve considered returning the vehicle to... View More
answered on Apr 3, 2025
If the loan is solely in your ex-husband's name and the divorce court did not order to pay the loan and to hold your husband harmless from any failure to pay the loan, then your ex-husband remains liable on the loan. In addition, the vehicle remains collateral for the repayment of the loan.... View More
I started a blog and obtained a DBA as I plan to earn money through the blog. I now have three additional blogs; two are similar to the first, and I am creating an umbrella to incorporate these blogs under one primary site. One of the subsidiary blogs has its own DBA. I am uncertain whether each... View More
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answered on Apr 3, 2025
You should speak with an attorney to clarify and highlight all the details, but in general, you do not need a separate DBA for each blog unless you plan to operate each publicly under a different name. Since you are creating an umbrella site, you can use one DBA that reflects the overall brand and... View More
I recently discovered that my father passed away in Oregon in 2022, but no one notified me. He was not married and had three surviving children, including myself. He owned a business, his home, and a vehicle. I've been in contact with his sister, who appears to be preparing to sell his house,... View More
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answered on Apr 3, 2025
Under Oregon law, any person who has custody of a will is required to deliver it to the court with jurisdiction over the estate or to the personal representative named in the will within 30 days of learning of the testator's death. This ensures that wills are properly filed and accessible for... View More
I recently discovered that my father passed away in Oregon in 2022, but no one notified me. He was not married and had three surviving children, including myself. He owned a business, his home, and a vehicle. I've been in contact with his sister, who appears to be preparing to sell his house,... View More
answered on Apr 3, 2025
If you have not received notice of a probate in the mail, then it’s possible that your father may have had a revocable living trust at his death. His sister may be the trustee of the trust with authority to sell the house. If you give me a call I can check for a probate in the Oregon court system... View More
I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More
answered on Apr 3, 2025
In order to registrar a trademark you must file an application with the USPTO. It is best to conduct a trademark search though a trademark search finding does not guarantee that the mark can be registered. You can file a trademark through the USPTO as the trademark owner or by working with a... View More
I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More
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answered on Apr 3, 2025
You can file for registration yourself or ask an attorney to help you. Your date of first use is important as you accrue rights through use of the mark and registration puts a government stamp on your existing rights and makes them easier to enforce and defend.
I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More
answered on Apr 3, 2025
The previous applicant abandoned their application after receiving a 'primarily geographically descriptive' rejection. Depending on your situation, there is a likelihood you would receive the same rejection. However, this doesn't mean you should not apply. There are several... View More
I am a real estate agent, and a seller contacted me to list their property after firing their previous agent via text message, which the agent acknowledged, also via text, by removing the listing from MLS and discussing excluding a specific buyer. The original broker now wants me to sign a referral... View More
answered on Apr 3, 2025
In most instances, the original listing agent has a clause in their contract granting them a fee if the house is sold within a certain time frame. The removal of the listing itself is not a definitive withdrawal of representation. The seller needs to get a complete written release from the... View More
I had a contract to build 15 straight stairs using white oak materials. The client originally agreed to this, but the cost of white oak increased unexpectedly right before purchasing the materials. Despite this, I decided to honor the original estimate and start the project, even though it was... View More
answered on Apr 2, 2025
You cannot terminate the contract due to the increased cost of materials unless the contract language expressly gives you that right.
You also cannot terminate the original contract due to requests from your customer for additional work, although you are not required to agree to the... View More
I am currently considering a change in the management of my LLC (partnership) agreement where the manager changes from my mom, who is a partner, to myself. The LLC agreement has not been updated since it was originally drafted, but it does contain clauses specifying procedures for notifying changes... View More
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answered on Apr 2, 2025
Regarding the LLC agreement amendment, I would advise to review the agreement and follow the procedures outlined there for management changes. Even if an amendment isn’t required, it’s good practice to document the decision in writing (e.g., through a resolution or updated management... View More
In Arizona, my spouse incurred debt during our marriage for business expenses, but the credit was solely in their name. We have a will and a trust as part of our estate plan, but there are no existing agreements regarding debt. Am I, as the surviving spouse, responsible for this debt?
answered on Apr 2, 2025
Arizona is a community property state. You can be responsible for debts contracted by your husband. But this is a business debt. More information is needed to determine your liability, if any. I recommend that you consult with an attorney. Your attorney will need to know how the buisiness was... View More
I live abroad and I'm interested in wholesaling real estate in Texas. Is it possible for non-U.S. residents to engage in this business? What kind of paperwork or legal requirements should I be aware of? Additionally, there may be situations where I enter into joint ventures (JVs) with other... View More
answered on Apr 1, 2025
Most non-US citizens can buy and sell land and otherwise speculate on the same. However, if you are a Chinese National, or are from a "Terrorist State" country, that type of business is NOT available for you in Texas.
The key is to manage your properties and taxes correctly. Get... View More
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