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Questions Answered by David Ostrove
3 Answers | Asked in Tax Law on
Q: Can husband claim my kids although we were separated the whole year? They are my children and I have full custody.

He is step father. He claimed my kids and plans on keeping it all.

David Ostrove
David Ostrove
answered on Feb 24, 2020

Does stepfather supply more than half of their support?

Is there in existence a written agreement as to who claims the deduction?

Has a court made an order re who may claim the deduction?

The lawyer needs more facts to answer.

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1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: Mama and Daddy passed with no will the house is still in Mama's name. There are 3 grown children there are back taxes

What can we do

David Ostrove
David Ostrove
answered on Feb 23, 2020

NO WILL, then typically all assets go to the children in equal shares.

All liabilities, including taxes must be paid FIRST. Then, the remaining assets go to the children. If there are any predeceased children, then typically their heirs at law take their shares. Every state is not exactly...
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2 Answers | Asked in Tax Law, Civil Rights and Constitutional Law for Colorado on
Q: Lyft claims that drivers are to pay income tax on the amount the passenger pays, not the amount the driver receives.

How is this legal, given the fact that Lyft does not disclose the full fare amount to the driver? Drivers are "agreeing by contract" to pay taxes on an unknown amount? How is this even close to legal? If state tax is included, a driver can pay more than 50% of their actual income to... View More

David Ostrove
David Ostrove
answered on Feb 23, 2020

It all depends on what is being deducted from the Lyft driver's gross income. If it is something that the employer is required by law to deduct, then most likely the Lyft driver will need to report the gross amount, not just the net amount received by the driver. That of course is true of all... View More

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2 Answers | Asked in Probate for California on
Q: Do I need to open a separate bank account, with its own tax ID number, to deposit income owed to my mother’s estate?

My mother, a California resident, passed away recently and named me Executor in her Will. My brother, sister, and I all get 1/3rd per the Will. The value of the estate is less than $25,000. I started receiving several small-dollar checks in my mother’s name (not sure what to do with them), and... View More

David Ostrove
David Ostrove
answered on Feb 16, 2020

NO. Use a separate account for all of your mother's money, so you can account for it (every penny) this is money which you hold as a fiduciary.

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1 Answer | Asked in Probate for California on
Q: to file a petition using probate code 850 & 859,could I pay attorney to draft it for me & I file it myself? Is it ok?

Just wondering if attorneys will be willing to write petition for me because I tried but it doesn't sound as nicely like when a lawyer writes it.

David Ostrove
David Ostrove
answered on Dec 3, 2019

It's a very technical area. In my opinion you should use a probate attorney.

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