Answered Questions

Parent wants to place valued beach front home in irrevocable trust for use by succeeding family generations.. They would like each succeeding generation to inherit the property with a stepped up basis. Is there a limit to this concept. …

Seth’s Answer
on Jul 6, 2014
I recommend that you retain counsel to achieve your goals. In California, if that is the location of the trust, the rule against perpetuities applies, which limits the duration of the trust. On the other hand you can form a trust in another state, i.e. Alaska which allows for trusts that last up to 1,000 years or in Wyoming you can form a dynasty trust where there is no limit on the length of the trust and property is passed from generation to generation. Obviously you would need to retain counsel in the appropriate jurisdiction. This is a very simple answer to a highly complicated question and without more facts it is difficult to answer.

I am an owner operator for our family trucking company. I have a client that I often work for hauling from Bakersfield CA to Long beach CA. Once my service is complete, its my responsibility to provide paperwork and bill the client per load. I fai…

Seth’s Answer
on Apr 2, 2014
I have to agree with Attorney Spainhour regarding the oral contract and statute of limitations. I recommend that you put together all of your invoices, send them to your client, apologize for not billing timely, and give him a discount. It is probably better to keep him as a client in the long run rather than losing him/her, then having to pay an attorney lots of $$$ to go after the amount owed. You may very well prevail in the end, but in my experience it generally is not worth the time and effort to litigate. Unless you have endless sums of $$ and time to talk to and pay your attorney.

Son’s father passed away 09/18/14. I learned of his death yesterday through an internet search. Son is currently in the US Navy in Kingsland, GA and has not been notified. Attorney handling the estate is Mr. Richard T. Rush Attorney at…

Seth’s Answer
on Apr 1, 2014
I assume you meant to say Son’s Father passed on 9/18/13? Son needs to contact and retain a probate attorney in PA.

A relative’s friend who is an attorney has offered to do so but I was not sure if that is ok.

Seth’s Answer
on Apr 1, 2014
It is possible to have an “out of state” attorney draft a will and trust for you. I ADVISE AGAINST IT!. This area of law is complicated to say the least. A lot depends upon each individual/married couple’s exact circumstances, i.e., where is real property located?; was it purchased with community funds?; are there other valuables that are a part of the “estate”?; what is the value of the “estate”?; are there state “estate” taxes for property/assets outside of California?

There are also federal estate tax considerations that must be addressed. Please find an Estate Planning Attorney. He/she will be able to answer all of your questions in a consultation.

I am suing someone for defrauding me of my money. The case is ongoing. He has a restaurant, and I heard he is trying to sell it to avoid a negative judgment. Is there anything I can do to stop the sale, or at least file something to inform the buy…

Seth’s Answer
on Apr 1, 2014
Consult with your attorney. There are far too many variables involved to point you in the right direction.

I am working with a local autism charity, we were able to get a logo created and drawn up by a family member for us. We would love to trademark it as the charity is starting to expand and reach people out side of the state of Florida. Because the …

Seth’s Answer
on Apr 1, 2014
I agree. A “Trademark” attorney is not necessary to file an application for a trademark. However an attorney that is experienced in this area will be helpful in explaining alot of the processes used by the USPTO (U.S. Patent and Trademark Office). Here is the link to the USPTO page.

My friend is selling me his business how do I transfer it legally to my name or can I be added to his corporation?

It’s a small welding business

Seth’s Answer
on Apr 1, 2014
I have to agree with all of my colleagues. Get an attorney to help you out. What you don’t know or see could possibly cost you a great deal of money. An attorney will help you, not only through the process of purchasing the business, but also ensuring that the business is in compliance with all of the current government regulations governing its operation and making sure that you understand the financial ramifications of what you are buying.

I am forming my own professional corporation. I already have my federal EIN. Do I also have to get a separate California EIN for my taxes?

Seth’s Answer
on Apr 1, 2014
You will need to establish an account with the Employment Development Department(EDD). The EDD collects taxes on your income, State Disab. Ins. (SDI), etc. You will owe personal income taxes both state and federal(IRS/EIN) on any income realized from your prof. corp.

Can I be sued in CA for personal injury after a car accident that occurred 2 years ago & had been settled by insurance company?

Plaintiff is also claiming personal loss of vehicle & property damage. Police report states there were no visible damage to either car at time of accident.

Seth’s Answer
on Feb 5, 2012
To effectively answer the question requires more detailed information. 1) what is the exact date of the accident and is it past two years – this involves the statutue of limitations. 2) what does settlement mean? Was there a settlement of the property damage, personal injury or both? Were any documents memorializing the “settlement” signed or kept? If so who has them? Who did the insurance company that settled the case represent? There are too many variables to effectively answer your question here. If you do get served with a lawsuit, immediately provide it to your insurance company that provided you coverage at the time of the accident and/or consult a lawyer and have all of the information listed above.

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