My stepdad, passed away a few months ago. Recently we were cleaning out his rental when we came across a typed “will and testament” that he signed and dated. It names an executer and beneficiaries, but doesn’t have witness signatures. Is it legal?
It is possible to probate a will in Michigan that does not comply with the minimum will standards, including the witness signatures, if you can establish by clear and convincing evidence that the decedent intended the document to be his will.
Currently a resident of IL. Considering taking a job that will involve travel to various sites and offices on the W Coast and states adjacent – basically CA, NE, AZ and OR. Will have latitude on where to spend my time, but the main office is in LA. Will get a cheap apartment there. My... Read more »
Your biggest problem may be California. Check it’s residency rules versus part year resident and non resident and document accordingly. California is notorious for its aggressive pursuit of tax dollars. You likely have to file a non resident return for states where you are physically located...Read more »
Also, depending on your involvement and the nature of the business, you should also seek out a tax clearance certificate if your state provides one to confirm that no unpaid income, sales, payroll or unemployment insurance taxes exist. May also be a good idea to confirm all federal taxes have been...Read more »
We just received an audit letter stating they need to pay over $4500 on that surrender. I am assuming the loan company for the mobile home has sent something to the IRS (not sure what). My mom was not on the original loan, only my dad. Is my mom responsible or can she file as a non- obligated... Read more »
You should consider showing the IRS notice letter to a tax attorney who offers a free consultation. If the notice relates to cancellation of debt income related to surrendering the home and mortgage to the lender, then you’ll need to consider whether they filed a return for that year, what they...Read more »
This is definitely a tricky planning area. The starting point for this type of question typically is whether the money would pass through a will, trust, IRA, joint bank account, etc. A trust may be best to handle this situation depending on the state law where you are domiciled at death. You...Read more »
There are a few options that may work. Often times a child of a deceased parent will have to go through the parent’s records and files at the parent’s home to find the will. Another option may be a safety deposit box at the parent’s bank. The existence of a safety deposit box may be found...Read more »
The place that did my taxes filled my taxes out wrong.
I provided documents that I went to school at DVC and contra costa medical career college and they put Sacramento state and the wrong education credit. I am suppose to be getting lifetime student opportunity credit.
You can start by going back to that tax provider and explain what they did wrong and ask them to file an amended return for you to correct their mistake. If you still owe tax, and are assessed a penalty and interest, there are steps you may be able to take to avoid the penalty and interest.
We did file and we owed for 2008, 2010 and 2011. However we also owed the IRS for this years and we were dealing with getting a resolution with the IRS. We have not received anything from Louisiana Department of Revenue for all these years, until this week we received a notice that our drivers... Read more »
The answer to this type of question generally depends on whether you filed a tax return. If you did not file a return, the statute of limitations on collections generally does not begin and there is no time limit, although the state department of revenue may have guidelines to how many years back...Read more »
Person A purchased a tract of land in 1970. In 1979 Person A formed a Revocable Living Trust and transferred the land to the Trust. Person A was the Trustee and Beneficiary of the Trust during his lifetime. The Trust named A's three children as Successor Beneficiaries. Person A died in 1985.... Read more »
This is challenging because you would likely have to look at the law in place in 1985. The 1986 tax reform may have changed the answer. Today you would probably look at cost basis as FMV at time of death where the trust becomes irrevocable. Was the land appraised at the time in 1985 if FMV as...Read more »
A personal representative is a fiduciary in a probate matter. You should seek out help regarding the statute of limitations related to failure to provide notice to interested parties, among possible courses of action you could consider. It may be too late as another attorney mentioned. You might...Read more »
Most weeks they took out nothing. I was claiming 0 and married. I changed it to 1 then back to 0. I now have it 0 married but take out single with an extra $20. But I don't think they are taking the right amount out for any of the taxes now that I started looking closely. I called the labor board... Read more »
Maybe your employer is attempting to intentionally misclassify you as independent contractors to avoid FICA, Income tax withholding and unemployment taxes. Questions to ask yourself- is this your first year with this employer? Is t in economic trouble? Etc. maybe call your state unemployment...Read more »
That’s a good question. It sounds like the tax is an unconstitutional burden on interstate commerce because it unfairly discriminates against out of state taxpayers. It would seem fair if every owner of real GA property paid the tax because that’s where the property is. But to soak out of...Read more »
If it is an Oregon state tax issue, the best thing to do is call a few tax attorneys in Oregon and get some price quotes. You can expect some to quote a flat fee and some to quote hourly. You can also ask attorneys you know to refer you to a trusted colleague.
I know that I have read that you can make payments up to 6 years, however when calculating these I cannot afford to make payments like this, at all I am 55 years old, and have nothing. It was all bad tax advice in the day.
Contact a tax attorney who will review your compliance transcript and finances to determine the proper course of action. Currently not collectible status may be an option, but also consider an OIC or partial pay installment agreement. You should also raise any state tax issues you have as well as...Read more »
Without a full transcript review, it’s hard to say. The last attorney mentioned three years plus extensions. Try referencing the Internal Revenue Manual (IRM) section 184.108.40.206 that mentions 3 yrs plus extension for SOL for refunds. The IRS agents should follow their own guidelines. This might...Read more »
If it is your property and the IRS follows its guidelines, then yes the IRS can seize your property even if it is located on someone else’s property. The IRS can also levy your bank account balances held by your bank and wages held by your employer. You should have received a letter from the...Read more »
In general, the 2017 TCJA changes the tax laws related to divorce in some key respects. The tax aspects of a property settlement did not change where property changes hands at the time the divorce is finalized. But be careful of receiving property with a built in tax gain where the value exceeds...Read more »
I am financing an investment property in Texas that will be sold when it is finished making it a short term capital gains. The business partner I am working with is the person doing all the rehab and will be taking the lions share of the profit however I wanted to be the person on title because I... Read more »
If you and your friend are in business as a partnership, you’d file a form US 1065 and give each partner a K-1 form to report items of income on your 1040 return. It sounds like you should work with a local accountant to figure this out. If you’re not a partnership, then your payment to your...Read more »
The question may require some clarification. Did you receive a 1099 related to cancelled student loans that you now have to include in income on your 1040? Or are your refunds used /taken by the lenders to offset the cancelled student loans? Cancellation of debt income is often ignored or not...Read more »
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