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Found 8 results

  1. I live in Wyoming and my father died in Wyoming. For two years after my father’s death, my mother and brother hid from me a section of my father’s living trust which says “Guidelines for the Discretionary Distributions: With regards to my Trustee’s (my mother’s) discretionary authority over the distributions of income and principal to (me), it is my desire that my Trustee be liberal in exercising such discretion. It desire my Trustee (my mother) to give assistance to (me) for a) purchase of a residence b) purchase, establishment or continuance of a business or professional practice; c) any other extraordinary opportunity or expense deemed by my Trustee to be in the best interests of (me). “ When my father wrote that, I had a good job. Now I’m medically disabled, 56 years old, have no spouse or children, no retirement savings and no house. My brother received 95% of my parents estate, which was a working cattle ranch. I received an illiquid piece of property in a very remote region of Wyoming that has not had any sales for 10 years. There is identical language for my brother, but he inherited a working cattle ranch valued at $22 million with water rights worth millions and a very liquid piece of property valued at several million along a river sought after by wealthy businessmen into fly fishing. For a long time, I have had a business idea, but don’t have the energy to do it all myself, but could get it done if I could hire some people. Shortly before my father’s death, he asked me to give him a business plan for him to review to fund my business idea. Then he told me he had made nearly $1 million in loans to the ranch (assets to him, loans to the ranch) which total about 5% of his and my mother’s assets. These could be used to fund my business idea. I showed my mother and brother a balance sheet for the ranch that I found that depicted two loans totaling nearly $1 million to the ranch from my father and mother, but they tried to convince me I didn’t know what I was talking about and they were not loans. (I spent 9 years as a financial analyst, including working as a commercial loan officer and an equity analyst and have taken graduate level accounting courses, so I know what loans look like on a balance sheet). My mother has said she does not want to give me money in accordance with this section of the living trust because she asserts that my tone of voice 8 years ago was offensive to her when she and my father were discussing giving me the illiquid piece of property. Additionally, my brother (the executor of the estate) has turned in the paperwork to the estate attorney to settle the estate. He said he did not give me money in accordance with what I wrote above because I did not have a lawyer. I’m also concerned he may have not reported the $1 million in loans to the ranch from my parents, as then the ranch (which he now owns) would have to repay them – or have my mother cancel them. I have asked for an accounting of the assets and debts of my father’s estate and received nothing from my brother. My questions: Can my mother legally refuse to give me money just because she does not want to, or or does she need to “be liberal” in distributing assets as per the language in my father’s living trust? What is the likelihood that I can compel her to agree to the payment if I hire a lawyer? What can I tell her and my brother to increase the likelihood of them giving me the money from the loans without hiring a lawyer (because I’m quite broke ) (ie threatening them with a law suit, etc) How can I compel my brother to give me an accounting of the assets to ensure the loans are included in my father’s assets? Can I legitimately tell him that if he does not provide me with the accounting, I can hire a lawyer to compel him and he will have to pay for it? (This is what I did to get a copy of the will). Can I demand that he provide me with a copy of the loan agreements to ensure there were not stipulations for interest repayment? Thank you for your time!
  2. My parents and I bought a house from a real estate agency in Wyoming while living in Florida. The first time we went to look at the house we realized that the fence was broken, which the realtor didn't disclose and we had to point out. Neither the realtor nor the seller disclosed any of the things that need/needed repair or that are missing like the backflow preventer for the sprinkler system. In fact the seller wrote on the home disclosure that everything was working fine and there were not problems whatsoever with the house. After talking to the real estate sales associate/intermediary, who was being mentored by another realtor from the same company, because it was her first and last transaction (she no longer works for the realtor), she stated that the fence would be fixed by the listing agent, who works for the same realtor. Several times over the course of 2 months, after our March 2016 visit to see the house, I asked the intermediary about the repairs on the fence to which she only replied "it would be fixed". We went back to Florida, on April 1st after looking at the house, and after signing some paperwork on March 31st that the realtor agent would act as an intermediary. However the paperwork is also missing a comments section in which I wrote, with my mother and God as witness, that they had to fix the fence. Now the real estate agency claims they can't find that paper. The other realtor who was mentoring the intermediary who sold us the house claims he never knew anything about the fence needing repairs, and their supervisors claim they didn't know anything about the fence needing repairs, but later they claimed the fence was repaired and provided an invoice in which it is claimed several repairs were done. However the fence is still broken in the same place it was broken when we first saw the house. Even the picture showing the front of the house when it was listed shows part of the broken fence which is the same section that is to this day still broken. The invoice/receipt the realtor later provided which states the fence was repaired was signed on 4/6/2016, we saw the house and pointed to the broken fence on 3/31/2016, now bear with me for a moment to explain why I think this is highly suspicious. In the repair invoice it is claimed the handyman changed the upstairs bathroom door, but when we first came to see the house in March 31st we didn't see anything wrong with that door and in fact it is the same door we saw the first time we came to see the house, which to me it proves that if any repairs were done then they were done before March 31st. However, the closet door downstairs is the one that is broken since it seems the previous owner kicked the corner of the door in and that was never repaired either. I asked the realtor what sort of warranty did the handyman provide that the repair he supposedly did would hold, and she just said there was no warranty whatsoever that it would. According to the assistant of the realtor company owner, the previous owner of the house had requested the repairs on the house, however, the former owner was not here, she moved to Texas, and was living in Texas during the whole transaction, and even when the house was listed she was already living in Texas. I am not certain the handyman made the repairs claimed in the invoice, and if he did, it was a really bad job and was done before March 31st which would mean the realtor never repaired the house after we came to look at the house and pointed out to them that the fence was broken. Part of the receipt claims the handyman "hauled away miscellaneous debris", but the backyard was full of trash which we had to clean ourselves. The intermediary who sold us the house also just told me that "the house needs a little bit of sod in the backyard" but the backyard only has weeds. The only grass in the backyard is from the neighbor's which crept into our side of the fence from underneath the fence. When we came to see the house it was in the middle of winter, and the backyard was full of snow so we could not see the extend of the mess of the backyard. We bought the house on May 12, but my father had surgery due to a diabetes abscess which got infected and we could not move in until 3 months later when my father was better. The fence was broken and apparently sometime before we came to live at the house, the broken fence had fallen on top of a water spout which has to be replaced as well. We also later found out that the seller didn't disclose that the house is missing a backflow preventer for the sprinkler system. The seller was aware the backflow preventer is missing because where the backflow preventer goes, it was covered with a plastic bag that was tied to the pipes. The missing backflow preventer was also covered in 4 feet high bushes in the backyard which is why we never realized it was missing until we hired someone to trim the backyard. We have had two people from the city where we bought the house and who are not family members nor friends who witnessed that the backflow preventer is missing, one of them trimmed our backyard and the second was a repair person that the realtor had sent to take a look at the fence and give the realtor a quote, but the realtor never approved to fix the fence after the handyman came to look at it. These two people saw that the fence was/is broken, and the backyard was never trimmed at all which hid the missing backflow preventer, or the water spout which needs to be repaired or replaced. The real estate owner says they haven't been able to contact the seller to deal with the missing backflow preventer. It has been 6 months now and still the realtor is just claiming that they fixed the fence. But when I tried to find information on the person who supposedly fixed the fence, and also supposedly did some other repair work, all I could find is that he served time in jail on at least 2-3 occasions for dwi and has at least 5 misdemeanors (as per the local newspaper), but couldn't find any sort of info about this person having experience or knowledge on fixing fences, or having experience in any other repair work supposedly done. What can we do? I had tried giving the benefit of the doubt to the realtor, and to the seller. Neither the realtor nor the seller disclosed any of the missing or broken stuff in the house. The only thing the realtor agreed to pay was for the repairs to the refrigerator which was also broken but was never disclosed as being broken either, the seller checked the fridge as working as well. From the start of this transaction there has been lies after lies, and an unwillingness from the realtor to solve most of these problems even when the seller never disclosed any of these problems and even the realtor tried to hide problems such as the broken fence or the fact that the backyard is only full of weeds, which we couldn't see with the snow, and has no lawn in the backyard. Isn't failure to disclose problems with a home and lie about the home a breach of contract? Do we have a case? What would you recommend we do? Thank you for your time.
  3. Can a mother move kids out of state without permission of father? They have filed for divorce but do not have anything finalized. He is the biological father of both children aged 9 and 11.
  4. I have one son, His father(non-custodial parten)t gets one weekend a month due to living over 100 miles away. He had his visitation during the weekend before labor day Sept.2nd -Sept 5th.. He contacted me today wanting him again this weekend ... Is he aloud to have him again ?
  5. Hello,I was wondering if an employer can discipline you for the same offense/infraction twice? I was under a corrective action contract for 1 year ,with the stipulation that if I were to miss any days they would need to be excused by a doctors note or something comparable.I held up my word and my end of the contract that my boss and myself both signed.They had a policy revision whilst I was on corrective action. The policy, when first rolled out(which was on Sept.15 2015) had no signatures or any formality except for the fact that it stated another craft than ours on this paper that was put out to us. One of the instances took place before the "new" policy was even put into play and the second happened after the fact in Dec 2015 which again was still covered under the same contract We initially signed in Dec 2014. They took corrective action again for the same 2 days I already had Dr's notes for and now I'm on another 36 month probation period. The "New" policy does state Dr's notes may not be accepted as approved documentation for laying off of work now but, they also have a "don't come to work if your sick"policy too. I'm totally lost here with whats going on and all the double standard harassment we are enduring.Where do you turn when no one wants to help...........that's why I'm here!! Sincerely S.C.Miller
  6. My mother passed away last year. She owned several acres of land free and clear with no lien. There is a house on the land that has $40,000 owed on it. The land was in her Will, and left to my sister. The house was not left in the Will and the bank will not accept payment for the mortgage an they are trying foreclose on the house. My sister has the deed to the house, which, for some reason, does not have a lien on the deed either. I do not know what to do to keep the bank from foreclosing on this house.
  7. There is a debate as to whether or not we can sell Ranch Property in Wyoming without Legal access. We are a large family with numerous shareholders in a corporation that owns Ranch property. We want to put the ranch up for sale but there is no legal access. Do we have to obtain legal access before we put it on the market or can we allow a discount for the new owner to get legal access or can that all be negotiated with the buyer? Also if we need to get legal access, how much should it cost?
  8. A friend and I would like to form an LLC for our website business, and register it in Wyoming (being easy to setup, cheap, and have no income tax on the corporate level, and for limited liability protection). We live respectively in North Carolina and Ontario, Canada. We do not have offices and work from home in parallel to our day job. The revenues will be based on ads and other online-only activities. It is not clear to us in which circumstances an LLC must be registered as foreign entity where the members live or work. I do not know if our online business (website worked on from 2 different home locations, with ads revenues) applies to the NC law 17 NCAC 05C .0102 DOING BUSINESS DEFINED found here: http://reports.oah.state.nc.us/ncac/title%2017%20-%20revenue/chapter%2005%20-%20corporate%20franchise,%20income,%20and%20insurance%20taxes/subchapter%20c/17%20ncac%2005c%20.0102.pdf And same question for the Ontario equivalent: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90e27_e.htm A Wyoming LLC seems like a good option for our case, only if we don't have to register a foreign entity in our 2 respective states (is that even possible?). Also, we would like to avoid having to change everything if one of us moves to a different state. Thank you.
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