I have just made a deal with an out of state breeder on an AKC Registered French Bulldog. We have written up a breeding/showing contract tha...

Question

I have just made a deal with an out of state breeder on an AKC Registered French Bulldog. We have written up a breeding/showing contract that we both agree on. Problem is he lives in Arizona, I live in Texas so how would we go about signing the contract and making it legal? I would like to take all precautions necessary in case this has to go to court if he tries to scam me. I wouldn't be able to see him sign it etc so what do we do? Also he wants me to pay via Paypal which I am not familiar with, is there anyway to track the money back to him if he tries to scam me? Please help!

Answer

As a Franchise Attorney I can say contracts between residents of different states are very common. Before signing any contract, make sure it covers important topics like jurisdiction and venue if there's a dispute, etc. I'm sure this is not an inexpensive purchase, so spending a little now can save a lot down the road if problems develop. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

I signed a non-compete during the hiring process at a new company. They changed their mind mid-stream and never actually hired me. Is that n...

Question

I signed a non-compete during the hiring process at a new company. They changed their mind mid-stream and never actually hired me. Is that non-compete binding?

Answer

No.

Parents recently deceased with no wills. Sibling with power of attorney has stated no need for legal counsel as the estate is small. Sibling...

Question

Parents recently deceased with no wills. Sibling with power of attorney has stated no need for legal counsel as the estate is small. Sibling has informed all others that after all outstanding debts are satisfied that all siblings who traveled from out of area will be reimbursed for hotel and other associated costs before any funds are disbursed to all. No provisions made for anyone living locally other than "thanks for your help" . Is this the way to handle these matters? How will it affect taxes on the "equal" disbursement of balance of funds?

Answer

Legally it's not supposed to work that way - unless the estate play says so, family members aren't reimbursed for travel expenses to get to the funeral.

On the other hand, it's reasonable family politics to reimburse expenses such as this - and it's not as if they are getting a windfall. It was a funeral, not a vacation.

What you really need to decide before you upset the apple cart is the economic cost to you - how much less are you going to inherit as a result of this. If the amount isn't that great then go with it. It'll be worth the good will in your family.

i have a general question about amended charges ..my daughter which is 18 right now, got herself into trouble.. she was working at a large r...

Question

i have a general question about amended charges ..my daughter which is 18 right now, got herself into trouble.. she was working at a large retailer as a cashier, she and her friend of hers did some sort of gift card scam..make a long story short, her and her friend where both arrested for petti larceny, she went to court and the judge amended the charge to trespassing and she had to do community service. im alittle confused here, will the amended charge of trespassing will show up on her arrest record or the original charge of petti larceny will still be there..i know by doing a background check on her myself over the internet that that trespassing is showing as her conviction now, but not too sure about the charge..

Answer

The record of the conviction is the only record that counts.

Trust: What affect does distribution of the property and assets held in trust have?

Question

Trust:

What affect does distribution of the property and assets held in trust have?

Answer

What effect does it have on what?

Answer

The trustee is bound to manage and distribute the trust assets as stated in the trust document. If the asset is in the trust, and the trust and the will attempt to distribute the assets in different ways, then the trust document controls.

You need to take the trust and will documents in question to an attorney to advise you as to the specific distribution in your case.

Answer

I'm afraid your question is a little vague. When, and if, the trustee properly conveys title out of the trust the trust instrument no longer controls the asset, and its new owner is vested with ownership. Are you concerned about the impact on taxes, creditors of something else? Was the distribution made inconsistent with what the trust required?

The other day i was involved in an accident and was charged with OVI but was not givin a breathalyzer. I was not arrested but had to go to h...

Question

The other day i was involved in an accident and was charged with OVI but was not givin a breathalyzer. I was not arrested but had to go to hospital by ambulance. Earlier this year i was arrested for child endangerment because i left my daughter in the car while i went in the store. I got 180 days which all but 15 days were suspended under which i have to have "good behavior " for 2 years. My question is how should i plea? I dont want to go to jail if i dont have to.

Answer

Plead not guilty.

You are certainly at risk for additional jail time. Since I do not know the details of the OVI arrest I can not comment definitely if there are problems with the stop and/or arrest. But I can tell you that hiring a lawyer ASAP is indicated. Or ask for a public defender if you can not afford one. Do not go this alone.

Answer

In Ohio, much will depend upon what the previous child endangering order said. If it suspended the sentence on condition that you have "no same or similar" offenses, then I doubt that a drunk driving conviction would qualify as an event that would require reimposition of the suspended sentence. But some courts state only that the defendant must be "law abiding" for the two year period, meaning that any conviction (outside of littering or speeding tickets) would qualify for the reimposition of the previously suspended sentence.

Further, you should not plead to any drunk driving charge until an attorney has looked over the case for the strength of the evidence against you and whether or not any or all of that evidence could be suppressed.

If someone was with a friend while their friend was shoplifting would they be an accessory to the crime?

Question

If someone was with a friend while their friend was shoplifting would they be an accessory to the crime?

Answer

Merely being present would not make you an accessory. But you might have done something more that made you one. Even if you didn't, it might appear as if you did.

Answer

An accessory is somebody who helps a person who committed a felony to escape, hide evidence, etc.

You can't be an accessory to a misdemeanor, no matter what any other answers say.

If you're asking if you could also be charged (different theory, different label) because you were with your friend when they stole, then that depends. They would have to prove that you did something. Just being there isn't enough. Being a lookout or assisting in any other way may be enough.

If you're charged, get a lawyer.