Claimed Lawyer ProfileQ&A
- Business Law
- Intellectual Property
Additional Practice Areas
- Estate Planning
- Health Care
- Mergers & Acquisitions
- Security Interests
- Wills & Trusts
- Law Suits
Jurisdictions Admitted to Practice
- North Carolina
- U.S. District Court for the Middle Districts of North Carolina
- U.S. District Court for the Western Districts of North Carolina
- Hull & Chandler, P.A.
- DePauw University
- Wake Forest University School of Law
- North Carolina State Bar
- Mecklenburg County Bar Association
- Financial Planning Association - Charlotte
- American Bar Association
Websites & Blogs
- Hull & Chandler, P.A. Website
- Profile Page: Nathan M. Hull
- Hull & Chandler, P.A. Legal Blog
18 Questions Answered
- Q. Is a broad, general non-compete agreement legal in NC in case where current employer is being bought out by another co?
- A: Many facts will be relevant and you will want to discuss this with an attorney. Ultimately your defenses to this non-compete will be determined by a Judge and their opinion on whether the time and territory is overly broad or if another defense exists. It does sound like the time and territory would be overly broad in North Carolina for the position described. The fact that nothing is being offered to sign would be a complete and total defense to the document. Be careful as a payment as small as $100 or a change in duties or title.
- Q. Can i be sued for selling MLM items online at Amazon/Ebay?
- A: Whether they can sue you depends some on your agreement with them as a distributor. I would imagine that they limited what you can do with what they have sold you. They have an interest in protecting their brand and may be able to sue you for unauthorized use of their trademarks at the very least. These suits can have high penalties that would dwarf any profits you might receive from selling the products online.
- Q. If I create a LLC and make a single Living Trust the only member would that be a disregarded entity?
- A: My guess is that this arrangement is unnecessarily complex and you should discuss with a competent attorney in your state what your goals are with this arrangement. Generally LLCs are disregarded entities for taxes. You could elect to have the LLC taxed as a C-Corp if you wanted corporate taxation. Trusts can be drafted to be disregarded or to be their own taxable entity. Trust tax brackets and corporate tax brackets are different from individual tax brackets so make sure what you are doing is actually a net benefit to you. You may be setting your self up for double taxation.
- Q. If the power of attorney on a firm has nothing to say about authorization to sell it, can the Attorney-in-fact sell it?
- A: It is difficult to tell from the question what authority has been granted. A power of attorney may not need a specific reference to the business if it otherwise allows for the sale of that class of assets. A power of attorney is limited to what it authorizes. You should contact an attorney in your state for more information.
- Q. my father died without a will. I have started the probate process and have been appointed personal representative.
- A: North Carolina is a bit strange when it comes to inherited real estate. Based on the facts you have stated, you and your sister are the current owners of the real estate as tenants in common. She could deed you her interest in the property. Until creditors are cut off through the estate process, the real estate can be reclaimed by the estate to pay creditors so you may not want to invest much in the property until it is clear.
- Q. Is there a way in NC to change a deed from tenants in common to joint tenancy with right of survivor-ship?
- A: You can prepare a new deed from both of you to both of you with the correct terms included.
- Q. what can i do if i got into a wreck because of a ditch that had no marks an u couldnt see it?
- A: There could be a claim against the party that owns or maintains the property. Whether it is worth suing depends on the damages you sustained. The costs for this type of action will probably be higher due to the need for expert testimony.
- Q. Is this murder or vehicular homicide ?
- A: I would ask the attorney you retained for the wrongful death suit to contact the district attorney's office to see what is being pursued and why it is not a greater charge. Would have to know more to give more advice.
- Q. Are you responsible for taxes on a property that is willed to you before you take ownership of the deed?
- A: North Carolina is a bit strange when it comes to inherited real estate. Usually there is no deed from the estate. Your granddaughter has owned the property since the date of death and the estate has had the right to recoup the property to pay bills if necessary. While different facts and circumstances may apply, your granddaughter is probably the current owner of the property and responsible for the taxes and upkeep costs on the property.
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