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A little over 6 months ago my 87 y.o. Uncle who has dementia

A little over 6 months ago my 87 y.o. Uncle who has dementia and poor eyesight had a Cashiers check for $xx,xxx made out to a Title Company at our bank (I'm on the account) for a RE closing on a property he bought. That Cashiers Check was immediately to the Title company within an hour. As of today (09/18) the bank has not withdrawn the required $xx,xxx. Since he got the loan for the balance of the property from another separate bank; that separate bank issued the mortgage, the sellers & their agent were paid, deed recorded, and he moved his possessions in & lives in the house. I verified all the disbursements that needed to done were made & escrow closed.I wasn't present when this Cashiers Check was made out. The Cashiers check stub has his exact name on it EXCEPT for the middle initial, & the address is wrong. I know for a fact funds for Cashiers checks are immediately withdrawn; and that is exactly what I told Joe to do. Uncle Joe had the $xx,xxx in cash in a Safe Deposit box at the bank. Now it's not there and Uncle Joe can't remember, but I think he stashed it. IMO they made an error and took it out of someone else's account; and just didn't take the money out of Our account. Whoever's account this came out of is sure to have already had the funds replaced most likely via the FDIC or the Bank's bonding.Joe's Account is in a trust I'm a party to. Are myself &/or Joe free & clear to just withdraw these funds now or later & avoid any liability for them? If I attempt to correct THEIR error how do I avoid liability for any & all that might have been or would be damaged by THEIR mistake? They are not my Monkeys & not my Circus & I refuse to be a party to their larger big picture corruption in the event they already settled a claim for the missing funds via Teller Bonding or FDIC settlement. This IS my estate via Trust and feel entitled to that money. My guess & opinion is no Civil Court would allow this case to even be heard if I emptied the account. I have over six month's statements as proof of the continuous balance. So can I withdraw or transfer these funds and close the account without liability or consequence?

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CalAttorney2

Attorney

Doctoral Degree

20,028 satisfied customers
If a Bank Lends out money for SBA a government backed loan

If a Bank Lends out money for SBA a government backed loan and the browser defaults on the loan Does the bank take a loss or does the bank get paid no matter what?

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Richard - Bizlaw

Juris Doctor

9,796 satisfied customers
I own an interest in a successful restaurant and also one of

I own an interest in a successful restaurant and also one of the three managing members ..In that regard it became necessary for the restaurant to obtain a parking lot and also expand / loans in the amount of 500 k were secured thanks to my financial statement and pledge ( the loans would not have happened otherwise ) ; for that action I asked for certain things which were set out in a LOA between myself and the two other managing members ( one who also guaranteed the loan ) ; some of the provisions in the LOA included having one of the manager members obtain a key man life insurance policy , the creation of a comprehensive restaurant manual , etc .., and compliance with the terms was to be three months from the date of the LOA( 5/15/2015) ; as of today none of the terms of said agreement have been complied with and there is no discernible movement in that direction ...note : the last sentence in the agreement states " this agreement shall be legally binding on all the parties hereto, their heirs , successors , and or assigns .My question - what are my legal options in dealing with this situation ?

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CalAttorney2

Attorney

Doctoral Degree

20,028 satisfied customers
FOR -BIZAW: Kindly re-read last question you answered for me

FOR RICHARD-BIZAW: Kindly re-read last question you answered for me for context as this relates to the same matter. Does a Canadian company have Nexus by virtue of doing business with U.S. customers and having a U.S. employee located in a U.S. state? If the employee with or without his employer's knowledge colluded/conspired with a 50% partner in a U.S. LLC that was a client of the Canadian company to destroy files on the LLC's hosting account, to block the other partner/officer from accessing files and features of the platform necessary for the LLC to conduct business and then unilaterally deleted the LLC's account in its entirety which destroyed valuable evidence on the server logs which would have identified who did what when -- can the Canadian company be sued and for what causes of action? Can the U.S. employee be sued and especially if he misled his employer about why these actions were taken?Now take into account that the Canadian company's TOS includes non-liability clauses and asserts thati t can cancel any account at any time for any reason in its unilateral discretion. While I recognize that this might protect them from a beach of contract claim, would it protect them from business interference, destruction of private property or evidence (the employee and likely the company knew the two partners were in a legal dispute and are now serving the offending partners separate business), collusion, economic/cyber sabotage, possibly conspiracy to commit these acts, etc?The jurisdiction clause of the TOS states that venue is in Canada. Under the circumstances or with nexus could this be changed to the U.S.? Or since the employee resides in the states could venue be changed to there?

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Richard - Bizlaw

Juris Doctor

9,796 satisfied customers
Business litigator: is there any downside to permitting a

Business litigator: is there any downside to permitting a partner in an LLC to withdraw (permitted at any time by Op Agree with remaining partner's consent) other than losing any right to sue for future acts? Does the remaining partner lose indemnification provided for in a settlement agreement by not standing in the way of the partner withdrawing? What other disadvantages of the partner withdrawing might there be? In this case, the remaining partner is more interested in past acts and wants the partner out of the business to end its access to contracted services, clients and company assets that have been interfered with and damaged by the offending partner's wrongful acts. The remaining partner feels that this overrides any right or other item that might be lost if the offending partner withdraws but before taking a position on that, I want to ensure that I understand the disadvantages to the company and remaining partner of the offending partner's withdrawal.

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Richard - Bizlaw

Juris Doctor

9,796 satisfied customers
I fell behind on a credit card and now owe $1,500 how can i

i fell behind on a credit card and now owe $1,500how can i offer them like $1000 to just close the dam card and forgive the other $500.thank you

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
Attention Business litigation attorney only: If I personally

Attention Business litigation attorney only: If I personally settle with a business partner (no lawsuit filed yet) who has cleaned out the company bank account, poached all the clients, diverted receivables, defamed me to clients and more -- can I still then file a derivative suit for the LLC (partnership filing taxes as a Sub-S)?If the partner has admitted in confidential settlement correspondence with my attorney that he made allegations about me to the vendor our online product depends on and got the vendor to block me from the platform and possibly to collude in sabotaging the platform, can I file a suit against the vendor if I settle with my (soon to be ex) partner provided the settlement document has no mention of the vendor or a catch-all clause that would release them?

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TJ, Esq.

Juris Doctor (JD)

10,816 satisfied customers
In Pennsylvania, When a business is valued using the... When

In Pennsylvania, When a business is valued using the...When a business is valued using the income method by an 51% owner spouse plaintiff vs 49% owner spouse defendant to determine equitable division of marital assets, does that method of valuation disadvantage the defendant claiming double dipping exists?the salary the 51% spouse earns cannot becounted as part of the value as well as used for alimony?I as the defendant 49% owner would like to suggest that my husband buy out my shares at market value, then I would like to request alimony and child support based on his total net income from the business which is his fair market salary plus 100% of the excess value, three times my current net income btwIt has been proposed by my husband that that is double dipping and that since he used s valuator who used the income method, I can only receive alimony based on the lower fair market salary , not his actual total compensation because that has been added back to give the business it's value based only on the income methodIf I get the business valued myself using a valuator who uses the market and assets value methods, woyld it be double dipping to have him buy out my shares and still base alimony and child support on his total excess values which is his actual net income ?Thanks

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Maverick

Doctoral Degree

6,780 satisfied customers
I am a web designer and created a website, graphic material

I am a web designer and created a website, graphic material (primarily a logo), Facebook page, and email list for my husband's business. There was no contract. The domain name for the website is the same as his business name. He has a sole-proprietor, no trademark. The domain name is ***** ***** my name. The website is hosted on my server. I registered a copyright on the logo in my name.Prior to building the website, I paid $5,000 towards his business start-up fees, as well as $2,000 towards his immigration application. He promised to repay these amounts. I created the website to help him establish himself and our verbal agreement is that once his business began to earn money, he would repay me.He has been earning money for 10 months and he did not repay me.We separated 6 weeks ago.He will not agree to signing our separation agreement, which partly outlines repayments of his debt to me, until I give him sole ownership of the website and marketing material. I have asked for payment towards the website before giving it to him.His lawyer says they will take me to court unless I give him sole ownership of the website. Am I obligated to give it over? What are my rights (copyright, domain name ownership, etc)? Is there a Family Law loophole of which I am not aware?

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Damien Bosco

Attorney

Doctoral Degree

3,078 satisfied customers
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