Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I started a vapor store with a partner formed a LLC 3 years…

I started a vapor...

I started a vapor store with a partner formed a LLC 3 years ago she waked out told me to deal with it took half of the cash out of the Bank ($5K) Now she want half of the profits the store has made. can she do this ?

Lawyer's Assistant: Can you tell me what state the LLC is registered in?

Kentucky

Lawyer's Assistant: Has anything been officially filed? If so, what?

No that i'm aware of she said she was, asked for all of the Tax filing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That she my daughter

Show More
Show Less
Ask Your Own Legal Question
Answered in 8 minutes by:
3/24/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,737
Experience: 30 years experience representing clients.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Legal Question

Was there an operating agreement?

Is there anything in writing indicating she was withdrawing from the LLC?

Ask Your Own Legal Question
Customer reply replied 3 months ago
No

Thank you for the additional information.

Generally, you would want to see something in writing indicating that she had decided to withdraw from the partnership.

However, if she took half the money and then has no further involvement, then you may be able to show by her actions that the parties intended the payment as a dissolution. At the very least, you should be able to show the abandonment by her and that could be a defense to any claim she asserts.

Additionally, the money she removed would be credited against any claim of profits.

In other words, the take-away from this is that this is a very defendable claim.

I am happy to continue if you have further questions.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Legal Question

Are you still online with me?

Ask Your Own Legal Question
Customer reply replied 3 months ago
will see what her next move will be, I have someone that willing to buy her Half out

Whatever settlement you reach, make sure to get it in writing, along with a release of all claims signed by her.

I am happy to continue if you have further questions.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,737
Experience: 30 years experience representing clients.
Verified
Loren and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,737
38,737 Satisfied Customers
Experience: 30 years experience representing clients.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
My daughtor and husband got a joint tax return he passed a
my daughtor and husband got a joint tax return he passed a day latter i called bank as she gave me her poa called bank they said to bring death crift and marrage lic and poa papers statred a bank acct… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,815 satisfied customers
My boyfriend went into business with a partner a year and a
My boyfriend went into business with a partner a year and a half ago with a verbal agreement that all profits and ownership be split 50/50, she would provide financial backing and he, with 25 years ex… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
I am invested @ 25% in a new restaurant. Several weeks prior
I am invested @ 25% in a new restaurant. Several weeks prior to it's grand opening, I was hired on as a manager of the restaurant. I had started and worked that job for about two weeks when the owner … read more
socrateaser
socrateaser
1,031 satisfied customers
Hi, I have a friend who started an internet retailing business
Hi, I have a friend who started an internet retailing business early this calendar year. She has left a lot of money in the business in the form of working capital and inventory. She takes out a small… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
I have an LLC with my niece. She is a Realtor who owes me a
I have an LLC with my niece. She is a Realtor who owes me a LOT of money, because I have been carrying her & helping her with flip homes for the last 3 years. She said she "forgot" her check book when… read more
Loren
Loren
Attorney
38,737 satisfied customers
Im trying to decide on my husband and my small business structure.
I'm trying to decide on my husband and my small business structure. Most likely the business would not get much income in the first year and a half. However, we will have a lot of business expenses in… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I recently developed a for profit online social media and marketing
I recently developed a for profit online social media and marketing campaign and online retail store with a friend of mine. I was responsible for all finance related aspects and he was responsible for… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
I am a 50% owner in an LLC. I have only one other owner, and
I am a 50% owner in an LLC. I have only one other owner, and he owns 50% of the company. We have NO legal contract established between us at all regarding what if's. All we have is the LLC document st… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
I have a problem. {uhoh} We have an LLC ,3 people. Me, my wife
I have a problem. {uhoh} We have an LLC ,3 people. Me, my wife and a friend. We have a popcorn vending cart that we take to street fairs to sell popcorn. The terms of our agreement (verbal) is that we… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I am John Gonzalez. I formed an LLC in the state of Texas in
I am XXXXX XXXXX. I formed an LLC in the state of Texas in 2008. I am just now getting started with the process of actually opening the business at this point (even though I have had the LLC since 200… read more
socrateaser
socrateaser
1,031 satisfied customers
I have set up an llc (I am the only member) to open a store
I have set up an llc (I am the only member) to open a store in Louisiana. My wife and I are seperating at the end of this month and the will open in 2 months. My sibilings allowed me to use heir prope… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I was in a partnership with my wife and a friend which we formed
I was in a partnership with my wife and a friend which we formed a corporation BMMLLC. We sold the business on a contract for deed in 2006. In June of 2007 my wife died and from that time on the contr… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
A partner in an LLC is preparing her 1040. When she reviewed
A partner in an LLC is preparing her 1040. When she reviewed and investigated the K-1 given to her by the LLC, she learned that another partner's wife was given a "loan" that, in reality, was more so … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
Created a product with inspiration of another couple. Never
Created a product with inspiration of another couple. Never having done this and US having all the capital came up with a shoddy financial agreement stating that 50% of initial capital needed when com… read more
Maverick
Maverick
Doctoral Degree
6,136 satisfied customers
Hello, My business partner and I formed a California LLC and
Hello, My business partner and I formed a California LLC and built 3 homes in Mississippi in 2007. We completed the build mid 08 and made payments while placeing them on the market. My creditworithine… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
I am preparing to start a business in TN and am trying to determine
I am preparing to start a business in TN and am trying to determine the best business entity.. I currently pay $1000 in child support. My ex-wife has proven to be less than honest in determining child… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I am leaving an LLC that only has one other member. We are ...
I am leaving an LLC that only has one other member. We are a hobby type shop. Our articles of organization are the standard on-line version notarized by a notary on site. We have nothing written in re… read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers
A realtor that is also a friend proposed a partnership in ...
A realtor that is also a friend proposed a partnership in which he would rent, maintain and pay bills on his condo if I bought if from him. He said he needed a new partner and would teach me the busin… read more
LegalEagle, LLC
LegalEagle, LLC
Attorney at Law
Juris Doctorate
982 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x