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Q & A with Katherine

Below are some of Katherine's informal answers to questions posted on Avvo


Q: Is it worth filing a Delaware LLC if you live in the tri-state area of MD/WV/PA? : I'm in MD right now and want to convert my business to an LLC from simply being a sole proprietor. I'm in the process of looking for a house and property that will serve as the business location for my business. I'm about 6 months out from making the move but given the uncertainty of where that move will be at this point I was wondering if a Delaware LLC with a foreign LLC Registration in MD would be better than registering an MD LLC only to end up moving out of state and then having to dissolve the MD LLC and then form a new entity in the new state.

Asked 7 months ago in Business

A: Katherine's answer: Unless you feel you need to register an entity now (and there may be reasons to do so), I would wait to form the entity when you determine where your principal office will be. While some practitioners promote registering entities in other states due to the arguably favorable regulations in other states, I generally recommend that the entity be registered in the state in which the business's principal office will be located.

Answered 7 months ago.


Q: Can I trim my neighbor's overhanging tree branches that are over our property?: Neighbor's trees have grown in the past years that the branches are overhanging our driveway. I'm afraid it will scratch our cars and it's even in my way when I mow our lawn. Can I trim the branches back to their property line if I do it in a manner that won't kill the trees.

Asked 12 months ago in Land Use & Zoning

A: Katherine's answer: In follow up to Mark's response, make sure that when you cut back the branches, you do not go beyond the boundary line or trespass onto the neighbor's property. I first would ask the neighbor to trim their own trees or at least let them know what you plan to do. Good neighborly communication is key.

Answered 12 months ago.


Q: Will creating an LLC offer any additional protection to my personal assets if a malpractice lawsuit were filed against me?: I am a psychiatric nurse practitioner (CRNP-PMH) in the state of MD and starting in January, I will be working as an independent contractor. I currently carry my own malpractice insurance and there will be an additional fee when I become self-employed. My accountant suggested creating an LLC to provide additional protection to my personal assets should a lawsuit be filed against me. But if I am the only employee of the LLC, and a lawsuit is filed for more than my 1 million/3 million malpractice coverage, would the LLC really offer any additional benefit? The cost of my liability insurance increases significantly if I become an LLC versus a sole proprietorship. So I am trying to determine if it is worth it.

Asked almost 2 years ago in LLC

A: Katherine's answer: Creating an LLC will usually protect your personal assets from debts of the company (assuming the LLC is properly organized and operated), but not from liability from your own professional negligence or malpractice. That said, I almost always counsel professionals to operate via a registered entity (LLC or corporation). You have to decide if the cost benefit analysis merits forming an entity.

Answered almost 2 years ago.


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