In a large number of states, an individual who is an initial Director of the Corporation also can serve as the Statutory Agent for the corporation.
Must My Landlord Pay Interest on My Security Deposit When the Term Ends?
There is no interest due to the tenant on a security deposit held by landlord during the term of a lease — unless such a line item has been specified within the lease agreement and agreed to by the signature of both parties.
If a Term Within the Real Estate Sales Agreement is Not Included Within the Deed, Which is Enforced?
This is a complicated legal question, and one that is est answered by an examination of a state’s specific laws.
On Which Chapter 7 Bankruptcy Schedule Do I List Delinquent Federal Taxes?
In most Chapter 7 Bankruptcy cases, any delinquent federal taxes owed by the filer would be listed on Schedule E, Creditors Holding Unsecured Priority Claims.
Is the Waiting Period Between Chapter 7 Filings Based on the Discharge or Filing Dates?
The requirement for the eight year waiting period between filings of Chapter 7 bankruptcy by the same individual is based on the date of filing of the original case to the date of filing of the new case.
Are Additional Filings Required if My Bankruptcy Has a Large Value of Exemptions?
Before being required to provide the statement required by Section 522(q)(1) of the U.S. Bankruptcy Code, a Bankruptcy filer must first have exemptions under state law in excess of $146,450.
Can an Attorney in Fact Create and Sign a Last Will and Testament on Behalf of the Grantor of a Power of Attorney?
No. Only the Maker of a Last Will and Testament can sign the Will document. No person can be authorized via Power of Attorney to create and sign a Will on behalf of the Grantor of the POA.
If I Want to Sell My Home by Land Contract, Can I Assign the Existing Mortgage to the New Buyer?
Most mortgage contracts do not allow for the assumption of the debt by another party, even if that assignment is for the same property.
We suggest a careful reading of the existing mortgage contract, as most mortgage documents specifically prohibit such an action.
How Do I Select the C-Corporation Option When Incorporating?
A corporation is formed by filing the Articles of Incorporation (or the Certification of Incorporation) with the appropriate state agency.
Only after that filing is completed does attention turn toward the type of corporate treatment, as it is not done with the Secretary of State or with the incorporation filing.
Does a Living Trust Require a Federal Tax ID Number?
The answer to whether or not a Trust requires a Federal Tax ID number depends upon the type of Living Trust that is created.