Get free answers to your Tax Law legal questions from lawyers in your area.
I am considering filing for Chapter 7 bankruptcy and want to know if it's possible to discharge my federal student loans and back taxes. The taxes in question are from three years ago. Can these debts be discharged through bankruptcy in most cases?
answered on Mar 11, 2025
In most cases, federal student loans are not dischargeable. If the taxes are more than three years old, they can possibly be discharged.
My wife had $16,000 stolen from her 401(k) account with Fidelity following an identity theft incident in June. We were not informed by Fidelity until we discovered the account was blocked in November. We have reported this to the police, Identitytheft.gov, and social security. Fidelity claims to be... View More 
answered on Mar 9, 2025
If your money is not refunded, you might have a potential negligence claim against Fidelity, which is likely insured for that. Schedule an appointment with a lawyer in your area who handles civil litigation including negligence claims against financial institutions. The lawyer should promptly... View More
Can I sue to recover the property taxes I've paid over the past 45 years from my sister-in-law, who sold her half-interest in the property in Florida? She has never contributed to property taxes or maintenance costs. There was no agreement, written or verbal, about sharing these expenses. How... View More
answered on Mar 10, 2025
You may be able to claim unjust enrichment. However, you will not be able to claim all 45 years as there is a statute of limitations of 4 years in Florida, thus you may be able to claim 4 years of the tax payments.
I live with my boyfriend and his 6-year-old child in Florida, and I pay half the bills. My boyfriend receives $2,000 a month in death benefits and he does not file taxes. I earn $3,500 a month. I am not declared on their food stamp or Medicaid paperwork. I'm wondering if I can claim my... View More
My mother passed away in Florida and had beneficiaries for all her assets, so we did not file for probate. She did not leave a will, and I need to file her taxes, which will result in a refund of about $1,600. Additionally, she had a hospital bill and a credit card bill. Will I need to file for... View More
answered on Mar 6, 2025
Generally speaking, without this being legal advice, while you may be able to handle the tax refund without probate if it is under $2,500 and certain conditions are met, you will likely need to file for probate to address the outstanding hospital and credit card bills.
I have a partnership LLC in the US with three partners: two American partners who are tax residents in Europe and Mexico, and one European citizen who lived in the US for 9 years under a work visa (who has her own SSN and files her taxes in the US). We only generate income from Florida, with no... View More
My mother executed a quit claim deed to transfer her house to my sister and me in 2023, and she continued to live there until her death in 2024. After her passing, my sister and I took possession of the property and sold it a few months later in Florida. We did not make any improvements or obtain a... View More
answered on Feb 23, 2025
You would use value at the time of the quit claim in 2023.
I've been paying tips for a coworker for over two years and end up being charged for it on my taxes. My coworker, who is a bartender under my supervision, receives a higher hourly rate, yet I pay all the tips and only get half of the tip money back. There is no specific workplace policy on tip... View More
I hired someone to file my 2022 taxes and review prior years (2017-2021) for accuracy. My family and I paid her over $6,000. She failed to file my parents' 2022 taxes resulting in penalties and fees and refuses to provide documentation or refunds. I have text messages as proof of my requests,... View More
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answered on Feb 13, 2025
Any documents you provide to tax preparers, you are entitled to have back. You can also refer this person to the office of professional responsibility, which could result in some disciplinary action. If the individual is a CPA from GA, you can contact the board of accountancy there to file a... View More
My mother inherited our grandmother's house and wants to gift the home for half the value of the home. Is she able to do this without incurring some sort of large tax burden the following year?
answered on Feb 11, 2025
Generally, it is better to inherit a home via estate planning and or a proper deed (enhanced life estate deed, ladybird deed) as you will get a stepped-up basis for the value of the home at or near the date of death. If the asset is gifted then a gift tax form will need to be completed and sent to... View More
section of the homestead statute
its a very complex estate with property businesses holdings company ect We received from my uncle also the executor a receipt release and refunding agreement we didn't sign because it basically we give up our rights to contest is there anything we need to file it was year my grandmother... View More
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answered on Feb 3, 2025
It sounds like your father had a pour-over will in Florida, meaning his assets were likely transferred to a trust upon his death. Since your grandmother (the trustee or beneficiary) also passed away, the estate has become more complex, especially with businesses, property, and holding companies... View More
I'm 17, I was removed because of a pretty nasty CPS case and a lot of domestic abuse cases, and some felony cases on her party played a part into this. I haven't lived there since early 2024. My mom was receiving child support in this time, however not supporting me. No paying for... View More
answered on Feb 4, 2025
Under IRS rules, a parent or guardian can claim you as a dependent under the following conditions:
Residency Requirement: The child must have lived with the parent for more than half of the tax year.
Support Requirement: The parent must have provided more than half of the child’s... View More
I was married for 24 years and worked so my husband was able to go to school and get his doctorate degree. After which he divorced me a few years later. He then passed four years later. It is my understanding that I am a widow according to US law. But I was told when I applied for widow exemption... View More
answered on Jan 24, 2025
If you were divorced before his death, you are not deemed a widow. I am sorry to report that if you do not meet the below, you do not qualify.
You must have been married to the deceased at the time of his/her death. If you were divorced prior to the death, you are considered an ex-spouse,... View More
Am also wondering when I sell his house & car, do the funds go into estate account? Or because judge put everything into my name personally, & not "the estate of XYZ", does that mean funds go into my personal bank account. Am so confused, as am so used estate stuff being kept... View More
answered on Jan 22, 2025
The house needs to be valued at its date of death value. If you sell the house for more than that amount you would be subject to taxes. But only if the net sales price is more than the appraised value.
If the Judge put everything in your name then nothing needs to go into an estate account.
if i want to serve the other party do i just notice them throught their attorney and does it need to say subpoena anywhere in the notice? i was looking for a template
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answered on Jan 24, 2025
In Florida, an attorney can issue a Notice of Deposition Duces Tecum to require you to bring specific records to a deposition. If you're serving the other party, you send the notice to their attorney—no need to use the word "subpoena" for parties to the case. However, if you’re... View More
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answered on Jan 12, 2025
Yes, as an F1 visa student, you can trade stocks and engage in forex trading in the US. These activities are considered personal investments, which are generally allowed under your visa status. However, it's important to ensure that trading does not become a source of income that could be... View More
Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?
answered on Jan 3, 2025
Your question is a little complicated but the short answer is yes, anything that reduces his normal living expenses counts as income, regardless of whether he writes it off as a business expense. Speak with a local family lawyer for more specific advice.
Never asked me to pay taxes. He is now in assisted living and doesn't have access to bank accounts. The property is going to be sold on Jan. 13, 2025,unless the taxes are paid. Just found this out.
answered on Jan 2, 2025
It is important that the taxes be paid before the date of the tax sale. Check the tax collector's website to see all the instructions for paying the taxes so close to a tax sale deadline. Anyone can pay the taxes, so it is okay for you to be the one to pay them. Typically, where there is... View More
Sale was 2300, had other sales around 750 that I also lost the money to gambling after the sale
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answered on Jan 10, 2025
Gambling winnings, including items won through gambling, are generally taxable income that should be reported to the IRS in the year you received them. The fair market value of the item when you won it would be considered your gambling income.
When you sold the item for $2,300, this created... View More
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