Since his name was on it he said it doesn't have to go through probate so you wrote me a check for over $50,000. Should I cash this check or make him give me multiple checks so the banks don't tell the IRS even though it's inheritance. He wrote inheritance on the check but everything... Read more »
I am sorry for your loss on the passing of your mother, please accept my condolences. Be glad that you go the check at all and that your brother did what your mom wanted (cash it or deposit it asap), legally your brother had zero obligation to give you even a penny of that money if his name was on...Read more »
Yes, there is an early withdrawal penalty unless you are very close to retirement then you should consult with an accountant because in certain situations you would not have to pay the penalty. And if you use it toward first time home buying, there is an exception to the penalty.
or when those under whom the possessor claims meet these criteria, the property actually possessed is held adversely if the person claiming adverse possession: A, B, & C not having possessed property for 7 years but did A,B, & C. In C it states: Has subsequently paid, subject to s.... Read more »
If I understand correctly, you are asking whether the adverse possessor, after complying with the tax requirements of Florida Statute 95.18 (1) (a)-(c), must still continuously possess the "property under a claim of title exclusive of any other right" for 7 years. Yes.
my neighbor has a 2-story house. Ground floor was configured as a separate apartment for elderly parents. They died. Now neighbor rents out the ground floor for a fee ($3,000/month). Neighbor has no permit. Neighbor pays no taxes on the income. Is this legal in a single family dwelling?... Read more »
This is analogous to renting out rooms. Unless your neighbor is doing short-term rentals there are no permits required. I'm not sure how you know whether or not your neighbor pays taxes on the income. If it is a short-term rental there are taxes but if it is not a short-term rental the...Read more »
You may be able to reinstate the LLC by paying the required amount to the Department of Corporations. If that's possible and the LLC is once again active, you may be able to negotiate the check. Checks have an expiration date, so you don't want to wait too long.
Then the land was put into auction I think. Now they gave me a surplus disbursement check . I cannot claim it directly with my name ,on my country. How can I claim the money. I was planing to open another LLC same name but my country don’t have LLC. They have LLP or BHD . Or Can I hire a lawyer... Read more »
A lawyer cannot "claim" it for you, but can help you navigate this transaction. I recommend contacting the county or whomever issued you the check to re-issue it to you individually in your name. If that does not work, you may need a lawyer to figure out next steps.
The deed to the house is in just my husband and his step-dads name. However there are 4 more siblings. The step dads will states that the house is to be sold and split 5 ways. Will my husband be soley responsible for any taxes due or fees since he is the only one on the deed?
It appears that you husband and his step-father each have half interest in the property. So what do you mean when you indicate that your husband is the "only one on the deed"; has the step-father died? If the will is admitted to probate, one would expect that the step-father's half...Read more »
The property is located in Florida, currently owned by a Florida LLC with one member. The property has no mortgage or liens. I would be 'owner financing' it with the current owner to avoid closing costs and a taxable value increase.
The purpose of a closing is to protect you and the seller of the property. If you believe the "property has no mortgage or liens", you must have had a title search done, and presumably want title insurance to protect you in case whoever did the title search missed something. Also, the...Read more »
Divorced in 2020, quitclaimed house to wife. Moved out of home and into apartment. I make no mortgage payments per our marital agreement. She re-financed the home in her name in November 2021. I still received a 1098 form from original lender. Can I still file this for my taxes?
First you need to read your marital settlement agreement carefully regarding this issue. However, if the agreement is silent and you did not make the mortgage payments then you should not be claiming the interest paid. Speak with a local family lawyer for more specific advice.
My understanding is that you have to have been living in the house for at least two years to qualify for this exemption. My question is, the two years have to be from the closing date (when I bought the home) to the selling closing date? Or from the buying closing date to when I started the process... Read more »
I am considering buying a house from a foreign seller with a 300k purchase price. The issue is the seller wants the buyer to cover realtor commissions, title insurance and prorated tax which amount to 18k (costs normally covered by seller). The sellers goal is to net 300k. I am concerned with being... Read more »
Maybe, not preferred and probably not likely. You would need to minimally provide some sort of a notarized document stating clearly in writing with your signature and witnesses notarized that this is what you want the estate representative to do, even then, it is likely that they will not be...Read more »
My wife is chinese (no green card yet but in the process) her parents will help us buy a house by sending 300k. China? They send it to my account ? Will I have to pay taxes on the money or should they send to her ?
I signed W-4 on Dec 8th 2021. The employer said that she didn't take tax from my income, so she can't give me W-2. I told her i can send her tax to her and she still said she can't give me w-2. What can I do to get my W-2?? I need to file tax for last year to prove that I legally worked.
Ask your tax preparer, but your tax return can report employment income even if you don't have a W-2. Failure to withhold employment taxes or to send you a W-2 (or 1099) is your employer's fault, not yours.
we’re starting a company we’re gonna have about five trucks are going to need to gas every day we’re going to sign up for a special fuel card that makes us enter the mileage and the truck number I need to fuel. Do we need to have individual receipts when we file our taxes or do we need to... Read more »
If by using your fuel card the data is saved someplace you can access (a monthly statement, or a web site, for example) you probably don't need to keep your receipts. But just in case, ask whoever prepares your taxes.
Yes, a Florida Business Attorney, you will want to speak with a Business Attorney, and they will be able to help you create your LLC, applicable Operating Agreement, register your business with the state, explain liability issues and keeping the business separate from yourself, filing for a more...Read more »
I'm currently going through a divorce and my husband never paid the taxes and put the house in his brother's name. I'm living in the house and paying the delinquent taxes of but taxes are due again and I can't pay them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.