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Put extention on house, put stock up as collateral,got

put extention on house, put stock up as collateral,got divorced paid debt off myself bank returned stock to me,put it in safe forgot about it for 16 years can I cash in stock that's still in his name back of one certificate unsigned other signed by both our names, can I do anything/? Kitty

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LawTalk

Attorney at Law

Juris Doctor

 
31,004 satisfied customers
In the Power of Attorney form (in California), only item E

In the Power of Attorney form (in California), only item E (Banking & other financial institution transactions) was checked. Item H (Estate, trust and other beneficiary transactions) and other items were not checked.In this case, can the attorney-in-fact (agent) withdraw money from the principal's account on the ground that it is a gift for agent's daughter (US$50,000) in the circumstance that:a) Verbally authorization was given by the principalIf the answer is NO, what would be the charges? Civil or criminal charges?b) A written authorization was given by the principalIf the answer is NO, what would be the charges? Civil or criminal charges?c) No verbally or written authorization was given by the principalIf the answer is NO, what would be the charges? Civil or criminal charges?Note: Please do not put my questions and your replies on all the Internet webpages.

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Ray

Lawyer

Doctoral Degree

 
33,858 satisfied customers
I have been sued collection by a former friend and

I have been sued for debt collection by a former friend and business associate. I did not answer the lawsuit as I was not served properly and did not recieve the documents until now. I went online to check public records for Harris County, Texas and found the case. Next court date is in April for "Case Dismissal due to failure to prosecute".My question is should I answer the lawsuit? I need to defend myself due to lack of funds to hire attorney.Should I hire attorney to check on case and advise me how to proceed?

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LegalKnowledge

Juris Doctor

 
28,460 satisfied customers
My mother and I are both listed on a stock certificate. We

My mother and I are both listed on a stock certificate. We are in the process of applying for Medicaid benefits to get her into an assisted living facility. We want to put the stock solely in my name. The company requires a w9 form be filled out. Will this affect her application or approval process? We are in Florida

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Chris T., JD

Lawyer

Doctoral Degree

 
7,308 satisfied customers
My mother just passed away, and I am in the process

Hello,My mother just passed away, and I am in the process of resolving her out standing accounts including her bank accounts. We reside in the state of Californa, (which is where she passed).She has no will, less than $5,000.00 in her bank account, her estate is not in probate. The bank is requesting either a small court order or a small state affidavit in order to access her account.My questions are:1) what the the difference in the forms?2) which form would I likely need?3) wheee can I obtain the forms?Thank you Trina

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Loren

Juris Doctor

 
34,582 satisfied customers
I resigned from a company and was provided equity which I did

I resigned from a company and was provided equity which I did purchase from the company. The following is the language from the restricted stock award and I resigned with good reason due to performance of the business. Do you read this as saying I am entitled to retain half of my shares or that I stand to forfeit all shares I purchased? If they don't do anything within 30 days of my last day (12/25) would that simply vest all my shares?Right of Repurchase upon Termination of Service.(a) If the Grantee's service with the Company or one of its Subsidiaries as an employee or consultant (“Service”) terminates for any reason, all shares of Restricted Stock subject to the attached Award Agreement that have not vested pursuant to Section C above shall be subject to repurchase by the Company, for such cash consideration (if any) as the Grantee paid the Company for such shares of Restricted Stock. If no such cash consideration was so paid by the Grantee for such shares, then such shares shall be subject to repurchase by the Company for the par value thereof.(b) If Grantee's Termination is for Cause, then all shares of Restricted Stock issued to the Grantee pursuant to this Award (whether or not vested) may be repurchased by the Company within 30 days after the Termination, in the Company's sole discretion, at the price paid by the Grantee for such shares.(c) If the Termination is the result of the Grantee's resignation without Good Reason, then one-half of the shares of Restricted Stock which are vested pursuant to Section C above issued to the Grantee pursuant to this Award may be repurchased by the Company within 30 days after the Termination, in the Company's sole discretion, at a price equal to the greater of the price paid by Grantee for such shares and the fair market value of such shares at the time of the Termination, as determined by the Board.(d) The Company may exercise its right of repurchase at any time within 30 days after the date Service so terminates. If the Company so chooses to exercise such repurchase rights, it shall provide written notice thereof to the Grantee within such 30 day period. The Company shall complete any such repurchase by delivering to the Grantee, at the last known address of the Grantee as set forth in the Company's records, cash or a check with respect to the aggregate repurchase price to be paid by the Company for such shares as provided herein. Upon such payment of the aggregate repurchase price title to such shares shall automatically be deemed to have been transferred to the Company without further action on the part of the Grantee, the Company or any other person, and shall be so reflected on the stock transfer records of the Company. The Grantee shall promptly surrender to the Company any stock certificates issued to the Grantee with respect to such shares, and shall deliver to the Company such other documentation as the Company may reasonably request to document such repurchase and transfer of shares to the Company. To the extent the Company does not so elect to repurchase all or any portion of such unvested shares by delivering written notice of such election within the aforementioned 30 day period, then the portion of such unvested shares that the Company does not elect to repurchase shall be deemed to have vested on the day following the conclusion of 30 day period

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Maverick

Doctoral Degree

 
5,200 satisfied customers
Again….I owe taxes on $180,000 on stock valued at

Hello again….I owe taxes on $180,000 on stock valued at $500K based on a loan appraisal of $3.5M [14.6%]. I returned said stock marked null and void due to the fact the majority owner [since deceased] quit drawing dividends putting me in a position ofhaving no income from stock dividends but still was subject to said tax. I included a clause in the contract they could buy me out at fair market value. The administration of the estate has acknowledged me as a stock holder “verbally” stating he denied myclaim because he “considered” me a stockholder. After six attempts, he has not issued me a new certificate nor provided me with pertinent bank statements so we can scrutinize probable improprieties, nor has he sent me a 1099 [thus putting me is a positionto pay penalties and interest. I am the only stockholder in the corporation, have to pay taxes [according to CPA'S and tax attorney's advice], but have not been given a 1099 or issued a new stock certificate nor requested copies of the corporate records reflectingstockholder status. [ Q1. WHAT RECOURSE OPTIONS DO I HAVE, IF ANY?] He told me the heirs want to sell. I gave him three buyout options to present to the heirs. One was for the appraised value of the corporate assets less brokerage fees heirs. He said he feltthat would fly but has not sent said options offering up the same excuses including that he had higher priorities, has to be meticulous and he was waiting on the bank to accept a new guarantor so they could unfreeze the assets and could not do anything elsetill then. I since set him up with my bank who said they would loan the funds to take out the bank & make allowances for a prepayment fee, if any. He has not sent the data the bank requested. Q2. AREN'T THERE STATUES WHEREIN AN OFFER SUBMITTED TO AN ADMINISTRATORMUST BE PRESENTED TO THE HEIRS?], [Q3] IS THERE ANY REASON I CANNOT CONTACT THE HEIRS MYSELF? [Q4] HE TOLD ME HE COULD NOT PROVIDE ME A 1099 BECAUSE HE HAD TO GET MY STOCK RE-APPRAISED. MY CPA DOES NOT KNOW WHAT THIS MEANS NOR DO I. WHAT, IN YOUR OPINION,IS HE ATTEMFPTING TO DO AND HOW CAN PROTECT MY INTEREST? [Q5] COULD HE BEING ATTEMPTING TO STALL ME UNTIL THE THE STATUTE OF LIMITATIONS RUN OUT? Any advice or thoughts would be appreciated.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,218 satisfied customers
My husband owns 50% of a company and his partner owns 50% of

My husband owns 50% of a company and his partner owns 50% of the company. Her husband works with the company, has a company vehicle and company credit cards. So doesn't that make him like 25% owner? I have ask to become part of the company 2 days a week as their Human Resource Person which they do not have and badly need as a $4 million dollar a year company. They have had 1 sexual harassment charge brought against them last year and it is still going on in the company again. Fraternization s an issue and they really need someone handling this. I am trying to look out for my husband's interest. And actually that is why we were married so I could look out for his interest in the company for him and his kids because he did not trust his partner or her husband. We have been married for 4 years and together for living together for 11 years. The company has been open for 15 years in November. However his partner will not see me as an equal to her husband and they have 2 checks coming into their household. Can you please guide me as to what route I need to take?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,694 satisfied customers
What date due i use when i purchase stock on the new york stock

what date due i use when i purchase stock on the new york stock exchange, in reference to long term capitol gains. Due i use the date that they were purchased or the date the certificates were issued? In my case there are 4 months difference on hosed dates. thx Larry

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ScottyMacEsq

Doctoral Degree

 
22,024 satisfied customers
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