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Questions Answered by David Ostrove
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... View 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... View 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... View 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... View 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... View 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... View 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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1 Answer | Asked in Tax Law for West Virginia on
Q: Social security number used

My son used his brothers ssn# to obtain employment with a driving company. Should he contact the company for a new w-2, or the IRS to have the # changed in order to properly and legally file taxes?

David Ostrove
David Ostrove
answered on Feb 27, 2020

YES!

1 Answer | Asked in Family Law and Probate for California on
Q: HAD 2PAY 4MY DADS CREMATION I PCKED UP THE ASHES NOW Y AM I HVING A HARD TIME GETTING CAUSE OF DEATH CERT TAX RET ETC
David Ostrove
David Ostrove
answered on Feb 27, 2020

Many times it takes a while until county issues the death certificate, which sets forth cause of death. Typically, your county clerk will have the answer as it if death certificate has been issued and whether "cause of death" has been, as yet, indicated.

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for New York on
Q: I have a real estate worth $850.000 in Long island city, NY. How much tax my kids and spouse has to pay when i pass away
David Ostrove
David Ostrove
answered on Feb 27, 2020

Your kids pay no estate tax. Your exemption will more than cover $850,000.

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4 Answers | Asked in Probate for California on
Q: My mother-in-law recently passed away aren’t gifts she received during life her personal property?

Now the kids are asking for what they gave her back my husband is successor trustee I told him the items belong to her and that if nothing is identified to go back to any specific person, that they will have to follow what the trust says in order to disburse it

David Ostrove
David Ostrove
answered on Feb 27, 2020

A gift is a gift. Title passes to the donee. If a gift was intended, it's a gift. The recipient owes nothing to the person who gave her the gift. A gratuitous transfer is a gift. There is no obligation to return the gift.

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1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: My father died over 15 yrs ago in Alabama Someway my cousin started using the property as hers. I live in Ca.

She wont dicuss it with me. But is that my property and how do i get it returned to me.

David Ostrove
David Ostrove
answered on Feb 25, 2020

If your father gave it to you in his will, it became yours the instant your father died.

2 Answers | Asked in Probate for California on
Q: THE ONLINE RECORD SAYS "PETITION GRANTED" . DOES THAT MEAN THAT JUDGE HAS SIGNED THE PETITION?
David Ostrove
David Ostrove
answered on Feb 25, 2020

NO, it does not mean that Judge has signed the order. It means that Judge orally granted petition at calendar call. Some judges sign right away, after the hearing. Some judges take a while to sign. The clerk of the Court may tell you. Or, the signing of the Order will be indicated on the... View More

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1 Answer | Asked in Estate Planning and Tax Law for Nebraska on
Q: can they charge you inheritance tax if you never received the inheritance?

Court papers mailed to us saying we owe taxes on an inheritance. We never received an inheritance. We were told that once my husbands dad and uncle pass away then my husband would get what is left over, however when I call the courts it says that it was tax on an amount down to the penny. I called... View More

David Ostrove
David Ostrove
answered on Feb 25, 2020

The tax is based on the fair market value of what the beneficiary receives, even though the actual receipt may be postponed. The lawyer will need more facts to answer.

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Was my brother's inherited property reassessment done in error based on a possible misinterpretation of CA law/rules?

My brother inherited a home from our late parents (both passed away in 2018). The home was originally in my parents' revocable trust. We hired a trust company to handle the transfer. The company filed the appropriate grant deed documents and the transfer went from my parents' trust, to my... View More

David Ostrove
David Ostrove
answered on Feb 25, 2020

If you do so on time, the assessor's findings may be appealed. Engage a lawyer specializing in Property Tax Matters.

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4 Answers | Asked in Divorce, Federal Crimes and Tax Law for Georgia on
Q: Will i be in contempt of court if i claim my child on taxes even though irs says i get to

Irs rules and regulations states i get to claim him every year because i am custodial parent and he lives with me and irs states decree after 2009 cant be used my papers say dad claim every othet year but nothing about 8332 form irs requires him to have one signed by me i have not done so

David Ostrove
David Ostrove
answered on Feb 24, 2020

If you provide over half of the child support and you have written proof of same, and you are the parent then you may claim on your income tax return, but, if you are audited you have to prove it. Save all checks, written receipts, and all other written evidence.;attach a statement to your return... View More

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1 Answer | Asked in Tax Law for Colorado on
Q: Is the cost basis 4 the 2019 sale of vacant land in Fed schedule D, purchase price plus property taxes paid 1995-2018?

The vacant land is located in Colorado. The property taxes were itemized deductions 1995 through 2016.

David Ostrove
David Ostrove
answered on Feb 24, 2020

Your cost BASIS is what you paid for the land.

You do NOT add the property taxes.

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