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Questions Answered by David Ostrove
1 Answer | Asked in Probate for California on
Q: My aunt died in 2012 with a Will saying she left $25k and her “community property interest “ in her home to me but only

After he moved or died. He sold their home, bought another and died in 10/20 leaving all to his daughter. Do I have a remedy to collect my aunts share of CP left to me in her Will from his estate ? they had no kids together and a 30 + year marriage. He created a Trust after her death but didn’t... Read more »

David Ostrove
David Ostrove answered on Mar 27, 2021

As of the date of your Aunt's death, you own her 1/2 of the community property, subject to her spouse's right to live there. At surviving husband's death you should have received your Aunt's remaining 1/2 of the community property. She can only give away her 1/2 of the... Read more »

4 Answers | Asked in Estate Planning for California on
Q: I have a Trust and Living Will with an Amendment. I want to revert to the original. Can I simply tear up the Amendment?

The Amendment was done about 7 years after the original Trust by a different lawyer. It was a change to my beneficiaries. Now I want to reverse that. Do I need to see a lawyer or can I simply tear up the Amendment so that the original stands as is?

David Ostrove
David Ostrove answered on Mar 7, 2021

If you destroy it with the intent to revoke it is revoked.

But you already revoked the original.

So, you should do a new one, making your intentions clear!

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1 Answer | Asked in Real Estate Law, Tax Law and Municipal Law on
Q: is thier any way to fight the added costs that a rm added to taxes in arrears?it over 5 times original debt
David Ostrove
David Ostrove answered on Mar 3, 2021

If you have a legal excuse, the government has the power to reduce or forgive penalties.

2 Answers | Asked in Estate Planning and Probate for California on
Q: I want to prepare a peition to determine succession to real property, but I am worried about the fees

My dad's estate consists primarily of his 1/3 of our family house (mom lives with us; all our names are on the deed as TIC (line to vest title was left blank) and two cars in his name. I want to use the petition to transfer the titles into my name since I'm listed as the sole beneficiary,... Read more »

David Ostrove
David Ostrove answered on Mar 2, 2021

It may not be a difficult or expensive situation. You need to talk to a tax lawyer. YOU Can probably transfer title to the cars without any lawyer or court involvement. The 1/3 interest in the house; depends how title is held. Have a short discussion with a tax lawyer. It may not be as bad as you... Read more »

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1 Answer | Asked in Tax Law for New York on
Q: My father passed away in August. Some of his tax debt shows my mother’s name prior to their divorce. Is she liable?

Half of his debt is only in his name since their divorce. But the debt accrued while they were married shows her name. My sisters and I have been left in this mess trying to figure out what we have to pay to settle his debt and save his home. If she is liable for what has her name on it, it would... Read more »

David Ostrove
David Ostrove answered on Mar 2, 2021

Your Mother may not be liable. She may qualify as an "innocent spouse". You need to talk to a tax lawyer.

1 Answer | Asked in Tax Law for California on
Q: I would like to claim independent status on my tax return.

I am a 20 year old attending university as a full time student. My parents claim me on their tax return every year, so my status is dependent. However, due to recent altercations with my parents, we have decided I will be on my own now. I was wondering how I can claim independent status on my tax... Read more »

David Ostrove
David Ostrove answered on Jun 29, 2020

You do not claim "independent status" on your tax return.

You file as a single person . You claim one exemption. Yourself. HOWEVER:

If your parents pay more than 1/2 of your support in the calendar year, they may claim you as their dependent. AND:

If they claim you...
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1 Answer | Asked in Copyright, Tax Law, Cannabis & Marijuana Law and Gov & Administrative Law for Texas on
Q: What is my entity type if I’m running an online smoke shop?

Any other legal advice about starting an online smoke shop

David Ostrove
David Ostrove answered on Jun 28, 2020

Based on what you have stated, you are probably a sole proprietorship.

2 Answers | Asked in Real Estate Law, Contracts and Estate Planning for California on
Q: I need to know what I can do tomorrow to stop this trustee from selling a house explicitly left to me. Is it in escrow?

There are three homes. Im staying in my mother's in ca. My wife lives and works in Arizona for 18 yrs. The other beneficiary is living in a condo. .Two weeks ago, the other recipient moved out. Im told by the trustee he needs to sell all homes. In the trust distribution, My mother gave me the... Read more »

David Ostrove
David Ostrove answered on Jun 27, 2020

You need an attorney with probate and trust experience to file a petition for you with the Court and spell out all facts and tell the Court what you want and why. The Court will set a hearing date.

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Michigan on
Q: my uncle passed away and left no will my father his older brother gave me his property then 3 months later took it back

he decided to sell said property to my half brother no taxes have been paid I don't even think my father has the title I have lived in my uncles house with my wife for 3 months anyway I can fight this and stay and own my uncles property

David Ostrove
David Ostrove answered on Jun 20, 2020

If your father had title and made a completed gift to you, then you owned the property and your father cannot take it back. However, was there any paper work; any deed signed by your father? You have raised a lot of issues with your question. As a matter of law, you may own the property, but you... Read more »

1 Answer | Asked in Probate for California on
Q: My brother passed away and I am his next of kin. I am trying to find out if he named a beneficiary for his pension and

am being stonewalled. At this point, I have not found a will or trust. The company will only notify beneficiaries via mail and will not even allow me to update my address to receive correspondence, saying they'll see if the mail is returned, which it will be. They are leaving me in an... Read more »

David Ostrove
David Ostrove answered on Jun 16, 2020

If you are your brother's sole next of kin, in California, you are most likely entitled to inherit his entire estate. But, did you have other brothers or sisters who predeceased this brother, leaving issue (ie children, grandchildren) ?.

As far as the pension is concerned, typically...
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2 Answers | Asked in Estate Planning for California on
Q: Once I pay my mothers estate back the money I owe, is that considered estate property? Would I inherit my share of it?

Mom passed leaving everything (in a trust and with a will) to her 4 daughters. Daughters have distributed a "fair share" of the inheritance money that was in the trust bank account already. I (daughter) personally, owe the estate some money. I will pay back the money owed to the estate... Read more »

David Ostrove
David Ostrove answered on Jun 13, 2020

Yes, the money due to your mother is part of you mother's estate. Yes, when you repay it,(in full) you inherit your one-fourth,

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2 Answers | Asked in Probate for California on
Q: I would like to object to a Petition for Probate.

My brother left a will giving his home located in California to a friend. The will is dated 2003. In 2006 he purchased a home and made a will leaving the home to me (his sister) and my kids (his nieces and nephews). I received a Petition to administrator my brothers estate and would like to file an... Read more »

David Ostrove
David Ostrove answered on Jun 13, 2020

File an objection. Explain everything to the court in specific detail, Request additional time to get the copy of the most recent will. You need to engage a lawyer familiar with probate procedure to do this.

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2 Answers | Asked in Tax Law for Florida on
Q: What should I do with the IRS if I claimed a dependent that I wasn’t supposed to

I claimed my mother on my taxes by accident what should I do

David Ostrove
David Ostrove answered on Jun 2, 2020

File an amended return and tell the truth.

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1 Answer | Asked in Estate Planning for California on
Q: In the state CA and AZ is a will and last testament valid if the executor is on federal probation in CA

My brother-in-law who resided in the state of Arizona what is originally from the state of California where his eldest brother live and it's also on federal probation was given his brothers last will and testament when he made a visit to California the last will and testament is signed by two... Read more »

David Ostrove
David Ostrove answered on May 30, 2020

The will should be filed in the county where the maker of the will resided at the time of his death. California, under your facts.

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Missouri on
Q: Does one pay estate tax on home inherited thru a transfer deed?

My husband and I have been married 5 years. After marriage, I moved into his home and we subsequently completed a transfer beneficiary deed on the home. If he were to pass, would I be obligated to pay some sort if estate tax on the home?

David Ostrove
David Ostrove answered on May 23, 2020

Probably not.

Depends on the market value of the estate, as to Federal Estate Tax.

First ten million + passes free of any federal estate tax; as to EACH PERSON. That means that a couple can pass twenty million plus without federal estate tax.

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1 Answer | Asked in Tax Law for Rhode Island on
Q: In Rhode Island, if I acquire 100% interest in a tax sale, is the mortgage wiped? What if <100% is acquired?
David Ostrove
David Ostrove answered on May 6, 2020

In some states, you may ask the county to remove the mortgage lien.

In some states, all liens junior to the tax lien are wiped out.

There are circumstances where a mortgage lien may survive.

You should ask a lawyer who does property law in your state.

1 Answer | Asked in Tax Law and Wrongful Death for South Carolina on
Q: My mother is receiving a settlement for my father's wrongful death. Can she gift that money to her children tax free?

She would like to disperse the money to the six children when she gets the settlement, but is concerned we will have to pay taxes.

David Ostrove
David Ostrove answered on May 4, 2020

Typically, if the amount your mother received was for bodily injuries, it is not subject to income tax. Any portion for loss of income typically is subject to income tax. Depending on the amount of the award, if your mother gifts it to her children, there is no gift tax. It depends on the amount... Read more »

1 Answer | Asked in Tax Law for Washington on
Q: Does my WA LLC need to register for a state tax ID if we won't be making any gross income?

I have registered a WA state LLC just recently, and will be working with 1 other colleague. I have also obtained a federal tax ID.

However, we won't be making any money for a while. Is it necessary to get a state tax id if we will not have any gross income? I know washington has a... Read more »

David Ostrove
David Ostrove answered on May 3, 2020

The State of Washington probably requires an annual report from your LLC and an annual fee of $71.00

You should consult a State of Washington Lawyer when you set up an entity such as an LLC.

The profits and losses of your LLC pass through your LLC to the owners of you LLC.

3 Answers | Asked in Probate for California on
Q: Dad left house to me & my brother. My brother died & my my dad died 1 week later. Do i get the house or split w his son?

My dad did leave my brothers son money. But the house was instructed specifically to me and my brother to split but my dad died just one week after my brother and didn’t have time to amend the will. He said the house is all mine? Does my nephew have claim to the house?

David Ostrove
David Ostrove answered on May 3, 2020

A local probate and trust lawyer needs to read the will. It all depends on the terms of the will.

Typically your Dad's will would provide what disposition is to be made if you or your brother predecease your Dad.

You need to take your Dad's will to s probate and trust...
Read more »

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3 Answers | Asked in Probate for California on
Q: My mom left house equally to me & my sister. My sister died same day as mom. Do i get house or do her kids get half?

Mom has a will leaving both myself and my sister equally 50/50 her house. But my sister and mom both died on the same day. Do i inherit the entire house or is my sisters husband or kids entitled to half of the house? My aunt was assigned the executor of the will. The grandkids were left specific... Read more »

David Ostrove
David Ostrove answered on May 2, 2020

It depends on the exact wording in Mom's will. But, under a typical state statute, you would get 1/2 and your sister's children would divide your sister's 1/2 between.

You should talk with local probate and trust lawyer.

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