GGrayLaw | Week 6 Q&A with Gerald Gray – A Kansas City Attorney
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Week 6 Q&A with Gerald Gray – A Kansas City Attorney

Week 6 Q&A with Gerald Gray – A Kansas City Attorney

Q1.
I am dating a guy who is a business owner.
He has entrusted me to manage things and I am currently bidding on government contracts to provide dietary services.
We have discussed forming a partnership so that I receive a percentage of the profits.
What steps do I need to take in order to be protected?
Well the first thing you should do is stop working and do not resume until you have a written agreement that gives you the protection you are seeking.
You should both meet with an attorney together to discuss concerns out in the open and to hash out any provisions that you want to be in the business agreement.
Another thing you need to figure out is what type of business arrangement you are going to have. Are you forming a new entity or are you becoming a part of his existing business?
If you are forming a new business, then you need to figure out what type of business structure you are forming such as LLC, partnership, corporation.
If you are going under his business, you need to figure out what type of business he currently has and amend his operating agreement or bylaws to reflect your ownership percentage or position.
Q2. I am a maintenance supervisor at a nursing home.
However, I was written up after I reported a racial comment the director of the facility made towards me.
The write -up was bogus and I am fearful that I am being retaliated against.
What can I do to stop it?
Well, it may be impossible to stop the retaliation once it begins.
The best thing you can do is
document everything.
Send email correspondence and do whatever else you can do to create a
record of anything that you believe will be at issue going forward.
If you believe that you are the
target of retaliation, then you need to file a complaint with the EEOC or State Human Rights
Commission to assert your rights but doing so could make things even worse because now the
company is officially put on notice about your complaint.
While they cannot legally retaliate against
you, the reality is that you lose any and all good will you have established with the company and you
are now operating under a microscope so stay out of situations that could get you into trouble.
Q3.
An acquaintance ran my car into a light pole while I was riding as a passenger.
The ambulance transported me to the hospital.
However, before they took me, the officer asked me if I would allow the acquaintance to drive my car home.
I said no but the officer still allowed the acquaintance to leave in my car and I have not seen it or the acquaintance since.
That was almost a year ago. The car had all my tools in it.
Can I sue the police for the tools and my car?
It would be very difficult to make that case although I could why you would want to.
I would start with filing a complaint with OCC (office of citizen complaints).
I’d also be interested to know whether there is still video or audio of you telling the officer not to allow the individual to leave in your car.
If so, then it makes your case much stronger against the police for liability.
The tools would be hard to value and you’d also have to prove that they were in the car to recover for their
loss.
My question is why haven’t you seen the person who was driving your car? Is it considered stolen and did you have insurance?
I’d assume not since you are trying to recover from the police.
Q4.
I totaled my car during an ice storm in January.
However, the insurance company rejected my claim because they said that my policy was cancelled 3 days befo
re the accident and they said that they returned my payment but I never received it?
I paid for 6-months.
Can they cancel my policy?
Yes, the insurance company can cancel a policy.
However, if they did it to avoid paying a claim, they could be liable for what is known as a bad faith claim or breach of contract.
Insurance companies are obligated to honor legitimate claims and can be sued by their policyholders for refusal to pay. You said that you paid for the entire 6-months but they cancelled your policy 3
-days before the accident so I am curious as to why they chose to do so? Did something occur or did you provide any false information when you purchased your policy.
Did the insurance company provide an explanation?
Did they send you your entire payment back or only a portion of it? There are several questions to be
answered so it would be beneficial to speak with an attorney in more detail regarding this situation to
discuss options.
Q5.
I have two biological children.
However, neither of them are parents.
I have honorary grandchildren through a couple that I’ve known since they were teenagers and they now have three kids who I love as if they were my own grandchildren and I wanted to leave a money maximizer
account to the babies.
However, the bank recently called and said that minors cannot be named as beneficiaries.
What do I do in order to get the achieve my objective?
Well, the best option is to create a trust for the children and name the trust as the beneficiary of the money account at issue. Minor children cannot inherit property until they reach the legal age of 18 typically.
Therefore, in order to leave it to the children as you intend, someone needs to manage it on their behalf. You can serve as the trustee of the trust until death or if you are no longer able to do so,
then a successor will step in.
If not, then a conservator will need to be named property to be transferred outside of the Probate process and you can easily name anyone the beneficiary regardless of their legal connection to you.
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