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He was on medicaid in a nursing home and all of his income went to that. Do i have I have to file a will in probate if I am the only heir and their are no assets to distribute? I have also found out owed a significant amount in back taxes, do I have to file a return with the IRS if there is no... View More 
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answered on Sep 29, 2020
There is no Statute mandating Probate of every Decedent's Estate. Many, many Next Of Kin make this mistake. If there are no assets to distribute, there is no purpose for a Probate. Also land rarely goes through an Estate. If something happens to go to you, worry about any possible lien... View More
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answered on Aug 3, 2020
No the taxes can be paid out of the Partition Sale Proceeds, could be paid now if needed by a Tenant In Common and reimbursed from Proceeds, or could be possibly sold to the purchaser who takes subject to the taxes. Just do not late severely late taxes allow the County to have a tax sale prior to... View More
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answered on Aug 3, 2020
If there is a Deed of Trust on the Property, then there is probably a due on sale clause if the lender does not give permission. Usually they never find out unless there is a Foreclosure anyway though. The Deed to her should be thoroughly considered and expertly drafted. If the Property is not... View More
Stating that her and her husband owed the IRS $1600 in back taxes but the man’s name on the letter was a man that she was never dead married to and he is dead what should she do she is done all the documents all the paperwork that she had to do and send it to them and now they are refusing to... View More
answered on Jul 26, 2020
She should call the taxpayer advocate and ask them for assistance. Here is a link to look up the number for the office closest to her.
https://www.irs.gov/advocate/local-taxpayer-advocate
My business plan was to buy old mobile homes in parks and repair them. After repairs, sell to individuals with sound credit, housing record, and employment on terms for 3-5 years with no interest and no early-payoff penalties.
Im serving three purposes: I'm cleaning up mobile home... View More
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answered on Jun 11, 2020
Your business plan will require alot of work, and will incur significant risks. Do not buy any mobile home that does not have a certificate of title that goes with the serial number on the home. Then you will need a financing statement and note for each sale. Then you must record the lien... View More
answered on Apr 25, 2020
Sorry about the passing of your father. Yes, you return it with a letter explaining the father's death. Good luck.
Disclaimer: This is not intended for, and may not be construed, as legal or tax advice. For specific advice please consult your legal counsel.
I am an employed physician of a large health system in NE TN. Because of financial losses they are having due to Covid-19, they have mandated a 20% pay cut for all physicians for a 60-day period. IN ADDITION, they are cancelling the 401k match for the entire 2020 FY (July 2019 to July 2020), which... View More
answered on Apr 20, 2020
Before I answer this question please allow me to sit the stage: Your employer is struggling to stay on top of the waves during the worst economic downturn since the Great Depression--which started in October 1929 and lasted for most of the ensuing decade. IMO, you and all other employees should be... View More
I gave her $1,000 for my tax bill & she sent me some confirmation email that my tax bill was paid through the IRS Direct Pay site. However, when I filed my taxes this year, they took my refund claiming that I never paid my taxes! When I called the IRS with the confirmation email I received from... View More
answered on Apr 16, 2020
I would continue to try and resolve the matter with the preparer. It may have been a clerical error or simple omission. If they can't or won't fix it you should file a police report, send form 3949-A to the IRS (link below), and review them on social media sites. The question is was this... View More
My employer failed to send SSA withholding to SSA for many years. All employees' SSA statements show $0 for those years. She passed away last year and her family closed that business entity and reopened with a new name, retaining all employees. The new company has paid SSA as required. The... View More
answered on Apr 15, 2020
Generic legal advice to all humans being asked to sign anything important--ever: Before signing any document that in an y way raises concerns about the possible affect of that document you should ALWAYS send a copy of the document to your family lawyer and ask them to flyspeck it and advise you... View More
One working spouse received the whole stimulus.
Two children were filed also last year ( BUT now neither spouse has custody).
Who legally should get the money?
answered on Apr 14, 2020
In fairness it should likely be split 50/50. That would be marital property subject to equitable distribution in the divorce. You may want to consider consulting with an attorney regarding this issue and the pending divorce. Good luck.
Garnished as well
answered on Apr 21, 2020
If you owe back child support your stimulus check can and probably will be intercepted.
The business is listed as a 2-member LLC. I do not want the other member to be negatively affected by my bankruptcy.
answered on Mar 26, 2020
The issue that affects your business partner is whether the bankruptcy trustee will want your interest in the business. That depends on the value of the business versus any exemption that might apply. You need to file your taxes based on what you elected at the time of formation or prior to... View More
My condition is stable and I live on my own.
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answered on Feb 24, 2020
Not sure of your question. But the only way you will set aside that conveyance is for the Grantees, and now owners, to convey it back to you. I suggest a Life Estate/ Remainder Deed.
quit claim it back to him? Would this avoid capital gain at sale? he has lived there for 30 years and out for 3 months
answered on Jan 25, 2020
You can. As long as it was his primary residence for 2 of the last 5 years the first $250k of gain will be excluded.
You still have a gift to you then a gift back, then a sale with a lump sum of cash. So your going to need to look at gift tax returns, likely no tax owed, and potential... View More
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answered on Jan 23, 2020
No but it helps. There may be other liens, etc. A Fed Tax Lien needs to be released of record, both in the County of recording, and possibly other Counties. The Taxpayer may still have a Notice of Deficiency on him, or some other tax problem. A title search is necessary, and if there is a... View More
What paperwork do I use?
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answered on Dec 12, 2019
I would contact the Trustee or the County Tax Attorney, and ask for the money. They will probably claim the proceeds have already been spoken for. But otherwise you must sue the County for the surplus, and possibly the official that conducted the Sale for breach of fiduciary duty.
answered on Dec 4, 2019
They do that a lot. You absolutely can file a suit. This is a situation where your damages are likely much less than the cost of the suit. You can't claim the tax as damages. Without knowing all the details I can't give you a definite answer.
answered on Nov 19, 2019
The IRS doesn't go to court before it records a lien.
When you owe tax a lien exists automatically and the IRS then perfects that lien after a period of non-payment.
To challenge the lien, or to challenge the tax owed, you'll have to go through the appeals process which... View More
mortgage and the only lien.
If I pay this lien will I be able to full ownership and can take the property?
Could I ask for the overage back?
Property in in Tennessee, Hamilton county TN.
Thank you,
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answered on Oct 14, 2019
It is not a lien but a right of redemption for a certain period. You could wait to see if the mortgagee exercises its right of redemption, which is paying you money. After the period, and the right is not exercised, the property is probably yours. But you need a competent attorney who will... View More
the retirement is for the employes and counsale people and the people in the town don't know about
answered on Oct 10, 2019
Without knowing more details it's going to be impossible to give any assistance on this matter. You're probably going to have to share more than you should through an online forum to receive a useful answer.
Assuming you're referring to government employees of a town and a... View More
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