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Florida Tax Law Questions & Answers
2 Answers | Asked in Real Estate Law, Estate Planning and Tax Law for Florida on
Q: I have a quitclaim deed written as joint tenants with full rights of survivorship. Does the mortgage transfer? (Florida)

I live in Land O Lakes, FL. My mother passed away in November. We have lived in the same house together since the house was built in 1998. We have a quitclaim deed written as joint tenants with full rights of survivorship.

I have continued to pay the mortgage, on time, but recently... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on May 3, 2020

No, the mortgage does not transfer.

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3 Answers | Asked in Business Formation, Business Law, Real Estate Law and Tax Law for Florida on
Q: If I purchase food solely for my cooking show, can I legally deduct the cost?

I have a Florida registered LLC and plan to begin a YouTube channel under the business name. The channel would be a "how-to" cooking channel. The principle location of the business is in Maryland. Can I deduct the cost of the food and kitchenware I use for the cooking videos?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 2, 2020

This is not a legal question. It is an accounting question that you should ask of your CPA.

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2 Answers | Asked in Social Security and Tax Law for Florida on
Q: Will my disabled child receive the stimulus money even though the father claimed her on his taxes?

My child receives SSI , I the mother represent her. The father claimed my child on his taxes. IRS is sending stimulus $ to all social security but will my child still get $1200 even though she was claimed as a dependent?

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 22, 2020

No, Father will receive an additional $500.

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1 Answer | Asked in Tax Law for Florida on
Q: My question revolves around my RMD Fidelity erroneously removed my 2019 RMD after 12/31/2019 What to do for 2020?

CARES Act says I may defer my 2020 RMD until 2021

My 2019 RMD will appear in 2020

Can I apply my 2019 RMD to 2020 and defer my 2020 RMD to 2021?

In deferring my 2020 RMD to 2021, do I have to take my 2020 RMD and 2021 RMD in 2021 or is there a full year moritorium on my 2020... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 20, 2020

For this level of specificity you're going to need to retain counsel.

1 Answer | Asked in Tax Law for Florida on
Q: Can I gift an asset from my late wife's estate to her son without him incurring a tax liability?

My wife recently died making me her Personal Representative. Her son inherited a business from his father which included a mortgage owed to his mother. I would like to forgive or gift the mortgage to my step son. However, his accountant says that if I do my stepson will owe taxes on the amount.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 19, 2020

There may be a way to avoid causing your step-son to owe income tax on the house. You need to contact an experienced banking lawyer who has helped many others probate small estates that involve tax questions; there are not a lot of us in Florida; but you can use the Find a Lawyer to locate a few... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: As the Personal Representative of my late wife's Will I would like to forgive a mortgage/note held by her son's company

The mortgage/note was between my late wife and her son's company. It was originally between her ex-husband's company and her as part of a divorce settlement. Her son inherited the company upon his father's death. Can I bequeath the balance without her son incurring any tax... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 17, 2020

You seem to be confused about a few things. If you are named as a personal representative in her will, it doesn't mean a thing until you file a probate petition with the court. Thus, if you thought you would avoid probate by executing wills, you were mistaken.

If your late wife...
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4 Answers | Asked in Tax Law for Florida on
Q: Does the father get to keep the child tax credit or does that go towards the children?

The stimulus money for the kids goes for the children correct? The father has kept all the money and given my children nothing

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 16, 2020

The child tax credit and the "stimulus money" are two different things. I believe the stimulus payments go to people who have filed tax returns; did you file a return last year?

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1 Answer | Asked in Tax Law for Florida on
Q: Stimulus question. Have son in school 2018 claimed as dependent(age 23-24). 2019 he worked some (age 24-25) if

If he files 2019 will he get stimulus as he was dependent in 2018

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2020

Warning: The fact that you claimed your adult son as your dependent on your tax return for 2018 does NOT mean that he did not have to file taxes himself. That decision is based solely on how much taxable income your son received from all sources in 2018. The standard deduction for individuals... Read more »

1 Answer | Asked in Gov & Administrative Law, Tax Law and Child Support for Florida on
Q: The FL DOR stated to me they are NOT participating in stimilulus deferment. Is this true and does Treasury override?

I receive a minimum SSDI income, and have one dependent child. I also have one 21yo son for whom I am responsible for arrearages in the state of FL. The arrearages are deducted automatically via ssdi garnishments and have been made every month to include payments prior to his 18th bday since 2012,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 14, 2020

Sorry, but as I understand it the stimulus checks will be subject to child support garnishments, in the same way that income tax refunds are.

1 Answer | Asked in Tax Law for Florida on
Q: In 2017 and 18 I claimed my son on my taxes. I got into a car accident and my injury attorney advised me not to work so

I let my aunt claim him for 2019. From my understanding she will get the $500 stimulus credit for him. She has made it clear she will not be handing over anything. My child resides with me and has always his entire life. Is there any way I can report this to the IRS or intercept the money from... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 11, 2020

No. You made that decision long ago, when you followed your lawyer’s advice, did not file your tax return for 2019 and cheated the IRS by allowing your aunt to claim your son. BOTH of you need to sit still.

2 Answers | Asked in Tax Law and Child Custody for Florida on
Q: I claimed my son for the first time after Court ordered Parenting Agreement, IRS wants me to prove child is dependent?

Our agreement states that I claim my child for odd year returns. I claimed my child and now I am being audited to prove that I am qualified to claim the child as dependent, Head of Household and Earned Income Tax Credit. What do I need to know in order to satisfy their request?

Rand Scott Lieber
Rand Scott Lieber answered on Apr 7, 2020

You can start with sending them a copy of the court order. Worst case you may need your ex to sign an IRS form.

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1 Answer | Asked in Consumer Law, Identity Theft and Tax Law for Florida on
Q: Do you take cases about tax refunds ? This company i filed with stole my identity and my tax refund. And i didn't sign

And i did not sign my tax return they filed

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2020

No. The amount of money involved is not enough to warrant hiring a lawyer. Call the IRS and report this theft.

1 Answer | Asked in Tax Law for Florida on
Q: My husband has retroactive child support & has payment plan set up. Can the gov. Take our stimulus ck for our kids?

Also, can they take my portion of the stimulus check if I file as disabled spouse?

Jean Richardson
Jean Richardson answered on Apr 2, 2020

If he has a payment plan set up and is keeping up with the payments per the plan, the government should not take your check. If for some reason your income tax or any such funds specifically distributed by the IRS is taken away, you can file an injured spouse form to get the amount that is... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Can we go back to the title company or the bank (the seller of the property) to get reimbursed for property taxes in FL?

We purchased an apartment second half of October 2017. During closing, we were given a credit of about $250 for prorated taxes for January 1 through October 15th. When the actual bill came, the property tax for the year was $1400. When we contacted the title company, they informed us that they base... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 12, 2020

IMO--without reading all the documents you signed and agreed to--the cheapest and fastest way to recover your loss is to hire a very experienced banking and business lawyer and pay them about $450 to write the bank a very strong letter "asking" then to help you pay the rest of their real... Read more »

2 Answers | Asked in Tax Law for Florida on
Q: Inheritance distribution

Hello, My mother passed in 2019. She has a will. Her three sons are equal beneficiaries. There was also a provision for her two nephews to receive $20,000 divided 3 ways from the son's proceeds. How to I pass the tax burden for my portion to the nephews?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 9, 2020

This is not a legal question; it is a bean-counter question that--based upon the very small amount of money involved-- does not appear to need CPA or tax attorney scrutiny.

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1 Answer | Asked in Tax Law for Florida on
Q: i was online paying my homeowners taxes , and also checked families , friends taxes on there homes ..out of curiosity.

out of curiosity i checked out my friends taxes, assessed value etc.. online while paying my home prop. tax for 2019... I see he paid in nov of 2019 $1700.00 in property tax... i see he paid lower taxes (aprox $ 700.00 for the years of 2014 thru 2018 , he was homestead exempted and also married..... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 1, 2020

This great website is not here for people to ask unanswerable non-legal questions about silly stuff that does not matter to anyone.

2 Answers | Asked in Tax Law for Florida on
Q: My wife had a student loan discharged in 2014 and was never sent a 1099c and we were not together at that time.

We are now married In June of 2015 and are being charged for that In our joint 2017 taxes. Is that legal or should it be placed in her 2014 taxes when she was single?

Just to be clear this was never initially put on our 2017 taxes. We received an IRS document stating that we owed for those... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 28, 2020

Not trying to read anything into your comments--but it sounds like you want your current wife to have to pay income tax on her discharged student loan; right? If you want to go down that rocky road you can try to convince her to amend her individual 2014 return--and include the income and pay the... Read more »

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1 Answer | Asked in Bankruptcy and Tax Law for Florida on
Q: My bankruptcy attorney never told me the trustee could take my tax refund. What recourse do I have for not being told?

I escaped a DV relationship with my 3 young kids. After I left I had to file bankruptcy b/c I wasn’t getting any help from their dad & I was drowning in debt. I make about $27k & I struggle to pay my monthly bills. So 10/2019 I hired an attorney & filed chapter 7. He said “you... Read more »

Timothy Denison
Timothy Denison answered on Feb 27, 2020

Consult your attorney. You may be able to amend your petition and exempt your return if you have enough unused exemptions to do so. There is no recourse on his failure to advise you unless the return issue would have kept you from filing in the first place.

1 Answer | Asked in Divorce and Tax Law for Florida on
Q: Middle of a divorce...can my husband steal our entire tax refund after promising in written email half our refund?

My soon to be ex husband begged to file tax return jointly in January as soon as he got his tax documents. I expressed I didnt trust him, and that he would steal money from me. He told me I was crazy psycho for thinking that. He sent a written email stating he would write a check for 50% of our tax... Read more »

Jean Richardson
Jean Richardson answered on Feb 18, 2020

No, it doesn't sound right. You filed a joint return, you are entitled to a portion of the refund. The joint return is marital property. You should consult with an attorney since he has one. Your attorney can see to it that you are treated fairly and equitably. Good luck!

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