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JBaxLaw
JBaxLaw, Attorney
Category: Business Law
Satisfied Customers: 11311
Experience:  Experienced in business formation and licensing issues
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We are corporation hunting lodge with cabins. We have a squatter

Resolved Question:

We are corporation hunting lodge with cabins. We have a squatter that moved in without permission as required by the by laws of the corporation. We tried to go through Magistrate court, but she is saying that her dad owns the property(which he does not) and that he gave her permission. Her dad was only the secretary/treasurer of the corporation. How can we get her off the property.
Submitted: 1 year ago.
Category: Business Law
Expert:  JBaxLaw replied 1 year ago.

BizAttorney :

Hello, I am a professional here to assist you. I appreciate your use of this service.

BizAttorney :

Please let me know when you are ready to begin.

Customer:

Ready.

Customer:

My name is
Ruth

BizAttorney :

hello

BizAttorney :

I see you joined me.

Customer:

Hello.

BizAttorney :

I stepped away for a minute.

BizAttorney :

I appreciate your patience.

Customer:

Okay.

BizAttorney :

I see that the person on the corporation's property is claiming ownership.

BizAttorney :

That can certainly be rebutted.

Customer:

Yes, though the death of her father and estate left to her mother who is in a nursing home. It is really complicated.

BizAttorney :

Normally, a corporation would show evidence of ownership such as a deed.

BizAttorney :

I assume that shareholders of the corporation are entitled to use of the property?

Customer:

Where do we get a deed?

BizAttorney :

The deed is recorded in the county property records.

Customer:

Yes. She is not a legal shareholder, there was no meeting or vote

BizAttorney :

Whenever the corporation purchased the property the transfer should have been recorded in those records.

BizAttorney :

The bylaws would also be produced to show the rights of a shareholder.

BizAttorney :

Shares of a corporation can be inherited.

Customer:

WE have copies of the by laws. All we have to prove is ownership, right?

BizAttorney :

There should be corporate records of the father's shares.

BizAttorney :

Ownership must be proved up by a landlord or owner.

Customer:

These shares are non transferable. And the mother and father did not live together for 30 years.

BizAttorney :

In addition, where there is a right of use such as with these types of hunting properties the corporation may produce corporate records.

Customer:

This girl has even tried to sell the property which is worth about 450,00.

BizAttorney :

For example, if shares cannot be passed to a third party

BizAttorney :

The starting point is showing ownership based on the deed.

BizAttorney :

Bylaws showing shareholders limitations as well

BizAttorney :

Do you have any questions?

Customer:

okay. Now because she claims ownership through the estate (not really) they want it bound to superior court

Customer:

Will we show up at the hearing and the magistrate judge will bind it over?

BizAttorney :

They would appear to be claiming the shares passed via inheritance. If a party asserts the contrary, they would need to show why the shares cannot be inherited. For example, based on the bylaws.

BizAttorney :

Yes

Customer:

okay. The bylaws say the shares go back to the club upon death of the shareholder.

BizAttorney :

I see.

BizAttorney :

Before you step away, I hope you will take a moment and leave me a positive rating. This does not impact any charge from the site. I rely on excellent ratings and optional bonuses to continue to provide this information service through this site.

BizAttorney :

Please let me know if you have any other questions.

BizAttorney :

All evidence must be presented needed to prove one's right to take possession.

BizAttorney :

That includes evidence needed to rebut the claims of a person claiming ownership.

Customer:

No other questions, now I just need to find an attorney that doesn't want a lot of money up front. Well, you have been encouraging and helpful;

BizAttorney :

Thank you for using this service

Customer:

Thank you so much.

BizAttorney :

Please let me know if you have any problems with the answer rating tool

BizAttorney :

When you leave a rating, only the live session ends. The question will remain active so you can post follow-up questions as needed.

BizAttorney :

Thank you again

BizAttorney :

Are you still with me?

BizAttorney :

Hello?

BizAttorney :

If you have a moment, I would appreciate a positive rating

JBaxLaw, Attorney
Category: Business Law
Satisfied Customers: 11311
Experience: Experienced in business formation and licensing issues
JBaxLaw and 6 other Business Law Specialists are ready to help you
Expert:  JBaxLaw replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  JBaxLaw replied 1 year ago.
BizAttorney : Hello, I am a professional here to assist you. I appreciate your use of this service.
BizAttorney : Please let me know when you are ready to begin. Customer: Ready. Customer: My name is
Ruth
BizAttorney : hello
BizAttorney : I see you joined me. Customer: Hello.
BizAttorney : I stepped away for a minute.
BizAttorney : I appreciate your patience. Customer: Okay.
BizAttorney : I see that the person on the corporation's property is claiming ownership.
BizAttorney : That can certainly be rebutted. Customer: Yes, though the death of her father and estate left to her mother who is in a nursing home. It is really complicated.
BizAttorney : Normally, a corporation would show evidence of ownership such as a deed.
BizAttorney : I assume that shareholders of the corporation are entitled to use of the property? Customer: Where do we get a deed?
BizAttorney : The deed is recorded in the county property records. Customer: Yes. She is not a legal shareholder, there was no meeting or vote
BizAttorney : Whenever the corporation purchased the property the transfer should have been recorded in those records.
BizAttorney : The bylaws would also be produced to show the rights of a shareholder.
BizAttorney : Shares of a corporation can be inherited. Customer: WE have copies of the by laws. All we have to prove is ownership, right?
BizAttorney : There should be corporate records of the father's shares.
BizAttorney : Ownership must be proved up by a landlord or owner. Customer: These shares are non transferable. And the mother and father did not live together for 30 years.
BizAttorney : In addition, where there is a right of use such as with these types of hunting properties the corporation may produce corporate records. Customer: This girl has even tried to sell the property which is worth about 450,00.
BizAttorney : For example, if shares cannot be passed to a third party
BizAttorney : The starting point is showing ownership based on the deed.
BizAttorney : Bylaws showing shareholders limitations as well
BizAttorney : Do you have any questions? Customer: okay. Now because she claims ownership through the estate (not really) they want it bound to superior court Customer: Will we show up at the hearing and the magistrate judge will bind it over?
BizAttorney : They would appear to be claiming the shares passed via inheritance. If a party asserts the contrary, they would need to show why the shares cannot be inherited. For example, based on the bylaws.
BizAttorney : Yes Customer: okay. The bylaws say the shares go back to the club upon death of the shareholder.
BizAttorney : I see.
BizAttorney : Before you step away, I hope you will take a moment and leave me a positive rating. This does not impact any charge from the site. I rely on excellent ratings and optional bonuses to continue to provide this information service through this site.
BizAttorney : Please let me know if you have any other questions.
BizAttorney : All evidence must be presented needed to prove one's right to take possession.
BizAttorney : That includes evidence needed to rebut the claims of a person claiming ownership. Customer: No other questions, now I just need to find an attorney that doesn't want a lot of money up front. Well, you have been encouraging and helpful;
BizAttorney : Thank you for using this service Customer: Thank you so much.
BizAttorney : Please let me know if you have any problems with the answer rating tool
BizAttorney : When you leave a rating, only the live session ends. The question will remain active so you can post follow-up questions as needed.
BizAttorney : Thank you again
BizAttorney : Are you still with me?
BizAttorney : Hello?
BizAttorney : If you have a moment, I would appreciate a positive rating
Expert:  JBaxLaw replied 1 year ago.
Thank you so much for allowing me to assist you.

Please let me know if you need any other assistance. Thank you for leaving me a positive rating and ensuring that I receive credit for assisting you.

Thank you again

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