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Questions Answered by David Ostrove
1 Answer | Asked in Business Law, Tax Law and Gov & Administrative Law for California on
Q: Can a labor union continue collecting dues when it is suspended, and unable to legally conduct business?

Labor union, a non-profit, was suspended in California by the FTB, from October 2018 to May 2019. During this time they continued collecting dues without informing members of suspension status. Union was reinstated, or revived, in May 2019. Was this legal? Are dues collected during this time... Read more »

David Ostrove
David Ostrove answered on Apr 4, 2020

A suspended corporation cannot conduct business in California. Such corporation has lost all of its right to conduct business during suspension Once reinstated, it may again conduct business.

1 Answer | Asked in Estate Planning for California on
Q: I believe I can prove undue influence, coercion and fraud for my inheritance. I have no money. What should I do?

I have a ton of information. This is regarding the estate of my aunt and uncle. They have no children. I am their neice and caretaker. This is gross injustice and hard to swallow what should I do?

David Ostrove
David Ostrove answered on Apr 2, 2020

You need to find a lawyer who will take your case on a contingency basis. This will not be easy to do, in my opinion. Proving undue influence is a difficult, time-consuming task. I wish you luck.

4 Answers | Asked in Probate for California on
Q: Can I just do a notorized letter instead of a will in leaving my house to my child and the deed is in my name?
David Ostrove
David Ostrove answered on Mar 30, 2020

No. A notarized letter is not a will. A will needs two witnesses. Having a will notarized means nothing, as a matter of law.

You could do a Trust and leave the house without probate to your child. Sign and have it acknowledged by a notary. It could be in the form of a letter as long as you...
Read more »

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3 Answers | Asked in Estate Planning for California on
Q: My uncle recently passed away and my sister & i live in his house and are both hiers to the estate.

Can the power of attorney evict us?

David Ostrove
David Ostrove answered on Mar 30, 2020

If you are named as his beneficiaries in his will, then as of the instant of his death, you are the owners of all property left to you in his will. A power of attorney typically does NOT survive after the principal's death.

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1 Answer | Asked in Tax Law for New York on
Q: If I receive publicly-traded stock in lieu of cash for services rendered, how is that taxed?

I assume that I would have to pay short-term capital gains taxes based on the immediate market value, then if I immediately sold it, would I then pay capital gains taxes again based on the original owner's cost basis? Thank you in advance for your insights.

David Ostrove
David Ostrove answered on Mar 25, 2020

If you received it for services rendered. The value of the Stock is ordinary income to you. And, the value is, therefore, your tax basis. If you sell it at a gain, the difference between your selling price and the value when you received it for services rendered is your capital gain; short term or... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes and Tax Law for Colorado on
Q: If someone failed to report an entire source of income over 2 years. What’s the chance they will see prison time?

If they have been turned in via 3949a

David Ostrove
David Ostrove answered on Mar 22, 2020

Unlikely, if you pay the taxes due and all penalties. (Or make a true attempt to cooperate in making restitution.)

Positive efforts to make up all underpayments very important.

If the matter has already been sent to IRS criminal division, contact person in charge, admit underpayment...
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4 Answers | Asked in Estate Planning for California on
Q: For listing assets in a trust, how specific does it have to be? Can I list "Chase Bank account"? Whole account number?
David Ostrove
David Ostrove answered on Mar 20, 2020

The more detailed and specific the better; (within reason); the location of the bank or brokerage, or property. The balance of dollars is not necessary; But, you do want to make it as easy as possible for the person who will be managing your estate or trust or company to locate and marshall all of... Read more »

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2 Answers | Asked in Admiralty / Maritime, Banking and Tax Law for Texas on
Q: If a person is employed by a corporation and that person is then released from said corporation unethical

I was misinformed about my job duties, requirements, and compensation by my direct supervisor. When I attempted to gain clarity I was informed that I was being released due to the fact that I was on parole. This information was delivered verbally from company supervisor in corporation's... Read more »

David Ostrove
David Ostrove answered on Mar 15, 2020

You are entitled to a fair and complete explanation. You may contact the state labour board and request a hearing. A local labour law attorney who handles employees' claims may be helpful to you. You should request a full explanation from your former employer IN WRITING. Ask for a complete... Read more »

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1 Answer | Asked in Estate Planning and Probate for California on
Q: How do I get a copy of my dad's will. My aunt has not gave me any info. I've ask numerous of times.

I am my dad's only daughter I have one brother. My dad was a cardiovascular surgeon and my aunt tells me that he didn't ha e nothing g

David Ostrove
David Ostrove answered on Mar 13, 2020

You are entitled to a copy of your Dad's will. You are an heir at law. You should request a copy in writing If refused and you want a copy, you may need to engage a lawyer who knows probate and trust law in CA.

2 Answers | Asked in Estate Planning for California on
Q: I was left a home in trust. Can I put the home in my name although there is still a 2nd with about 20k left?

I've been paying the mortgage/bills as "the estate of" for 2 years along with the home insurance that's sky high because it's a trust.

David Ostrove
David Ostrove answered on Mar 6, 2020

If the trust terms provided that the home is distributable to you, you may put it in your name, subject to the mortgage. The terms of the trust control.

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4 Answers | Asked in Civil Litigation and Estate Planning for California on
Q: common law marriage and inheritance

My father passed away and left no will. He and my mother were divorced, and he lived with another woman for 18 years unmarried. There are a few small things I would like to have as keepsakes, and his vehicle was in his name alone. As his blood relative am I entitled to these few things? or is... Read more »

David Ostrove
David Ostrove answered on Mar 6, 2020

If he died without a will, his children inherit his property. California does not recognize so-called common law marriage. But, maybe he gifted things to his companion? He could do so, if he wanted to make gifts to her. Have you told your father's companion what you would like to receive. You... Read more »

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3 Answers | Asked in Estate Planning and Probate for California on
Q: My mom died Wednesday, she left a handwritten/sealed will. We have a grant deed naming us both as 'joint tenants'

there is a mortgage on the townhouse but i am not sure what to do next; please advise. Do i need a Probate lawyer? Mom's doesn't have any other assets but has credit card debt.

Thank you

Jennifer

David Ostrove
David Ostrove answered on Mar 6, 2020

In California, when a Joint Tenant dies, the property goes to the surviving joint, outside of probate. You need to file a form entitled: "Affidavit Death Of Joint Tenant" with the County Recorder.

However, did your Mother ever sever the Joint Tenancy? You need to check this out....
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1 Answer | Asked in Tax Law for Ohio on
Q: What year of income is considered when applying for the Homestead Tax Reduction?

In 2020, I applied for the Homestead Reduction to my property taxes based on 2019 value of my home. I am 67 and earned only Social Security benefits in 2019. My County auditor says they go back to 2018 income. This makes no sense to me. Is it correct? I understand that I pay 2019 taxes in... Read more »

David Ostrove
David Ostrove answered on Mar 5, 2020

Homestead law is a property law issue, not an income tax issue. The property laws of Ohio control. You need the opinion of an Ohio Lawyer.

1 Answer | Asked in Real Estate Law and Tax Law for West Virginia on
Q: Can I get my sister off the deeds land/house in WV. I'm the only one paying the taxes since my parents passed away 2012

My parent passed away 2012. We Auctioned everything expect for almost 100 acres of land and 1 house with land. My sister has been on drugs, in and out of jail. The house and land are still in the estate with the sheriff office in Randolph county WV. Because there was no will an we could not figure... Read more »

David Ostrove
David Ostrove answered on Mar 5, 2020

You may be able to gain title by adverse possession, but you really need an opinion from a WV lawyer. All property law is state law. All best wishes.

1 Answer | Asked in Tax Law for Ohio on
Q: My order states ex wife and I alternate tax years with me claiming in odd number years. Does this mean I claim for 2019?

I also heard her lawyer say this would be my year and my ex wife claimed our child anyway. I thought claiming in odd number years for tax purposes would mean that I claim 2019 being it’s an odd number year. If that’s the case what do I do? I don’t want to get her in trouble and I have tried... Read more »

David Ostrove
David Ostrove answered on Mar 5, 2020

YES 2019 is an odd year.

1 Answer | Asked in Tax Law for California on
Q: What is recourse if my state refund is taken erroneously to pay my brother's legal court debts?

My brother’s name is similar to my name, but I have no outstanding debts with any courts. The office that intercepted my refund wants me to file an appeal! How legal is this?

David Ostrove
David Ostrove answered on Mar 4, 2020

You need to file a claim for refund with The California Franchise Tax Board. Include a detailed letter informing the FTB of all facts.

1 Answer | Asked in Tax Law for Indiana on
Q: I owe $4 on my state tax return. Am I required to pay it? Heard if it was under $10 you don't have to.
David Ostrove
David Ostrove answered on Mar 4, 2020

In my opinion, it would be best to pay it, so your account shows that you are all paid up with your state.

2 Answers | Asked in Estate Planning and Probate for California on
Q: My brother had his lawyer draw up papers stating anyone who took property from my moms estate will be cut inheritance

Are these papers enforceable since it's not his property &there hasn't been a probate court hearing yet? Can this stop him fr being the administrator?

David Ostrove
David Ostrove answered on Feb 27, 2020

The probate Court Judge will sort this all out. If you want to call something to the attention of the Probate Court Judge file a petition with the Court putting all facts before the Court. Give Notice to all parties. Use a lawyer familiar with Probate Court Procedures.

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3 Answers | Asked in Tax Law for Ohio on
Q: What is the case name for 18 US 111
David Ostrove
David Ostrove answered on Feb 27, 2020

ASSAULTING RESISTING IMPEDING CERTAIN OFFICERS ------

18 UNITED STATES CODE, SECTION 111

You may read the code section online.

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2 Answers | Asked in Probate for California on
Q: My mother died without a will her estates in probate &no one is supposed to remove any property but my sibling did.

Should my other siblings and I call the police,press charges or file a report?The same sibling petioning to be administrator although he isn't yet still had his lawyer draw up papers stating anyone who takes property from the estate will be ineligible for inheritance.could this effect his... Read more »

David Ostrove
David Ostrove answered on Feb 27, 2020

file or have your attorney file a petition with the superior court, notifying the Court of what has taken place and requesting that the court order that the taken item be replaced and that the taker be properly sanctioned.

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