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Questions Answered by Andrew M Steiger

2 Answers | Asked in Probate for Michigan on

Q: Found a typed will in my stepdads belongings, he signed but there are no witness signatures. Is it legal?

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?

Andrew M Steiger answered on Aug 12, 2019

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.

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3 Answers | Asked in Probate for Michigan on

Q: My great uncle passed away with no will. His house and account will be split among his surviving nieces and nephews.

What's the split in Michigan if 3 of the nieces and nephews are deceased with surviving children

Andrew M Steiger answered on Aug 7, 2019

Take a look at MCL 700.2103 and 2106 for your answer.

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1 Answer | Asked in Tax Law for Illinois on

Q: work 5 1/2 mos in CA, keep home family and ties in IL do I pay tax just on the 5 1/2 mos income

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 »

Andrew M Steiger answered on Aug 3, 2019

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 »

2 Answers | Asked in Business Formation and Tax Law for New Mexico on

Q: my ex wife and I owned a local corporation and we have divorced. My ex told me that the company was dissolved. how???

I have the articles of the corporation showing me as an officer and that the corporation has not been dissolved. Would a case like mine fall under tax law??

Andrew M Steiger answered on Jul 30, 2019

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 »

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1 Answer | Asked in Tax Law for Texas on

Q: My dad had a mobile home in NY that he voluntarily surrendered in 2014. My dad passed away on 5/25/19.

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 »

Andrew M Steiger answered on Jul 22, 2019

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 »

3 Answers | Asked in Estate Planning and Tax Law for Florida on

Q: My mom and brother are my beneficiaries. If I die first, money goes to Mom. If she dies, will my step-father inherit?

I want to make sure that my step-father, who is legally married to my Mom inherits nothing.

Andrew M Steiger answered on Jul 18, 2019

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 »

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2 Answers | Asked in Probate for Michigan on

Q: How can I see if my parents left a will and if me and my sister are a part of it What information will I need and

Where would I go to find that out I’m in the state of Michigan

Andrew M Steiger answered on Jul 15, 2019

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 »

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2 Answers | Asked in Tax Law for California on

Q: I got a letter from the IRS that I owe $2000 because the tax place I went to did my taxes wrong. What do I do?

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.

They put... Read more »

Andrew M Steiger answered on Jul 12, 2019

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.

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1 Answer | Asked in Tax Law for Louisiana on

Q: How long does the Louisiana department of revenue have to collect back taxes?

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 »

Andrew M Steiger answered on Jul 8, 2019

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 »

2 Answers | Asked in Tax Law and Estate Planning for Kansas on

Q: How do we determine the cost basis for a piece of land and what is the most tax efficient way to sell the land?

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 »

Andrew M Steiger answered on Jul 2, 2019

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 »

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2 Answers | Asked in Probate for Michigan on

Q: Father died in 2008. Lawyer brother handled probate in 2009. Did not notify siblings. Do we have recourse?

Mother died in 2016. Dad’s probate was revealed in 2018 in handling mom’s estate. Judge did not catch/stop our brother’s dishonesty. What can we do?

Andrew M Steiger answered on Jun 28, 2019

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 »

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2 Answers | Asked in Employment Law and Tax Law for New Jersey on

Q: My employer isn't taking the correct amount of federal taxes out if any. Ive tried fixing it for months. What can I do

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 »

Andrew M Steiger answered on Jun 25, 2019

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 »

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2 Answers | Asked in Military Law, Real Estate Law and Tax Law for Georgia on

Q: Military member selling house in GA but not a resident. Is there a way not to pay the 3% withholding tax 48-7-128.

We moved years ago due to military deployment and stationed to another Post. We do not pay GA state tax due to Texas resident.

Andrew M Steiger answered on Jun 20, 2019

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 »

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1 Answer | Asked in Tax Law for Oregon on

Q: According to State of Oregon my son owes 60,000 and is being garnished due to not filing his taxes. He needs help.

How much will it cost him for a lawyer

Andrew M Steiger answered on Jun 17, 2019

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.

2 Answers | Asked in Tax Law for Michigan on

Q: IRS Back Taxes, cannot afford to pay them, these date back to 2009-2011 have gone into collection need advise

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.

Andrew M Steiger answered on Jun 17, 2019

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 »

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1 Answer | Asked in Tax Law for Georgia on

Q: I have all my documentation from Express Mail that it was postmarked on 10/15/2018. I’m getting the run around.

Advocate, IRS nor Appeals will help me. My return was accepted. They keep telling me it was beyond 3 years and it wasn’t. I have my transcript where they accepted my extension.

Andrew M Steiger answered on Jun 13, 2019

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 25.6.1.5 that mentions 3 yrs plus extension for SOL for refunds. The IRS agents should follow their own guidelines. This might... Read more »

1 Answer | Asked in Tax Law for Texas on

Q: I own a mobile home that is set on my daughter's property that is in jeopardy of being seized by the Irs.

Can they take my mobile home if it's in my name?

Andrew M Steiger answered on Jun 13, 2019

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 »

3 Answers | Asked in Divorce and Tax Law for Puerto Rico on

Q: Hello! Will the money received by ex spouse as divorce settlement be taxed?

Andrew M Steiger answered on Jun 11, 2019

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 »

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2 Answers | Asked in Real Estate Law and Tax Law for Texas on

Q: Selling an investment home, how do I show profits are going to business partner when title is in my name?

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 »

Andrew M Steiger answered on Jun 5, 2019

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 »

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2 Answers | Asked in Tax Law for Wisconsin on

Q: I need advice from a tax attorney

Tax returns offset for student loans that have been discharged

Andrew M Steiger answered on Jun 5, 2019

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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