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1. PAYMENT OF MONEY
In consideration for the execution of the general release and agreement to the other terms
of this Agreement by Claimant herein, Respondent will pay a Total Settlement of (xxxxxxxxxxxx) (“Settlement Sum”)
to
Claimant. The consideration paid... View More 
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answered on Jun 29, 2024
Based on the language provided in this settlement agreement, it appears that you will likely need to pay taxes on at least part of the settlement amount, but not necessarily on all of it. Here's a breakdown:
1. The portion described as "Non-Wage Payment" for "non-wage... View More
We are 3 siblings/beneficiaries of our mother's trust. Our sister wants to buyout the 2 of us. Will the buyout payment each of us receive be taxable? Will either of us 2 buyout recipients be responsible for higher property tax payments if they become due prior to the sibling property transfer?
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answered on Jun 27, 2024
Based on the information provided, here's a general overview of the tax implications for a sibling buyout in California:
1. Taxability of the buyout payment:
The taxability of the buyout payment depends on several factors:
a) If the buyout is for your share of the... View More
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answered on Jun 26, 2024
Paying off an $8,000 credit card bill in cash is unlikely to automatically raise a red flag with the IRS. However, there are a few considerations:
1. Cash transactions over $10,000 must be reported by businesses to the IRS.
2. Multiple smaller cash payments to avoid the $10,000... View More
If an individual has an informal profit share agreement, how can this be made clear when doing taxes? (He is in Tennessee, and his partner is in California.)
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answered on Jun 19, 2024
When it comes to reporting income from an informal profit-sharing agreement for tax purposes, it's important to ensure that both parties report their respective shares of the profits accurately on their tax returns. Here are some steps to consider:
1. Documentation: Even if the... View More
I'm executor of my dad's will and his only child and beneficiary. He willed his house to me and we refurbished it and rented it out at the end of 2023. There is a small amount of income from that rental that accrues to the estate, therefore. Doing the 2023 1041 form and Schedule E for... View More
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answered on Jun 19, 2024
Based on the information provided, it seems that for estate tax purposes, you should use the date of your father's death as the acquisition date of the property and the stepped-up fair market value (FMV) as the new cost basis for depreciation.
Here's the rationale:
1. When... View More
I paid my 2023 federal taxes online through the IRS payment website, but my taxes were not accepted until after this happened. When I go to my account on IRS.gov it shows the payment made, but it wasn't applied to my taxes balance and there is not a way to do this via the website that I have... View More
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answered on Jun 18, 2024
Based on the information you provided, it seems like you have a credit on your IRS account from a previous payment that was not properly applied to your 2023 tax balance. Here are a few steps you can take to resolve this issue:
1. Contact the IRS directly: Call the IRS at 1-800-829-1040 and... View More
I am a pro se. The opposing council is demanding discovery of my communications with attorneys I consult with. I declined to provide information other than a privilege log. He's now threatening to move for request to compel discovery. Can he do that?
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answered on Jun 14, 2024
Under California law, communications between a client and an attorney are generally considered privileged and confidential, even if you are representing yourself (pro se). This privilege means that you are not required to disclose the content of your communications with attorneys you have... View More
This is considering the "claim for transfer of base year value to replacement primary residence for persons at least age 55 years." Can we have the property tax paid only in his name, keeping his old prop. tax amount? Or do I have to pay property tax on my full share of the property... View More
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answered on Jun 11, 2024
In California, if you and your senior sibling buy a home together as joint tenants and only your sibling lives in the new home, the property tax treatment will depend on several factors. Here's what you should know:
1. Proposition 60 and 90: If your sibling is over 55 and meets certain... View More
I have been appointed as executor once she can no longer manage. Does spending the estate down, then unable to pay property taxes grounds for removal as trustee of estate? She has until the end of this month (June 2024) to pay $2,770 in property tax or it will fall into default. The property is... View More
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answered on Jun 2, 2024
As a beneficiary of the family trust, you need to ensure the property tax is paid to prevent the property from falling into default. Since the current trustee is unable to manage the payments, you should consider stepping in to help manage the trust's financial obligations.
First, try... View More
I have been appointed as executor once she can no longer manage. Does spending the estate down, then unable to pay property taxes grounds for removal as trustee of estate? She has until the end of this month (June 2024) to pay $2,770 in property tax or it will fall into default. The property is... View More
answered on Jun 2, 2024
I usually describe the succession of executors and trustees like a baseball team. The person up to bat right now is your loved one who owns the property and is the executor (if they have a Will) or trustee (if they have a Trust). You and the other “back up” executors or trustees are waiting in... View More
I served 76 RFAs and interrogatories to the defendant on April 29th. I also served a declaration to the court in support of the over-the-limit RFAs. On May 20th, the Defendant threatened to Oppose the RFAs if I didn't reduce them to 35. So I did. The deadline to respond was May 29th, but they... View More
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answered on May 31, 2024
Under California law, the deadline to respond to Requests for Admissions (RFAs) is 30 days from the date of service, unless otherwise agreed upon or ordered by the court. Since you initially served the RFAs on April 29th, the responses were due by May 29th. The defendant’s claim that the deadline... View More
I had a reseller account with Amazon, they terminated my account and took away my profit about 15k. Following year I received a email notice to download my 1099, I contacted them numerous times but they didn't send me the 1099, now I received a letter from IRS that I didn't file 1099 with... View More
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answered on May 28, 2024
Under California law, you may have legal grounds to pursue a case against Amazon for the issues you've described. However, the success of your case would depend on several factors, such as the specific terms of your reseller agreement with Amazon, the reason for the termination of your... View More
The deed has our names and the nephew name as joint tenancy. Now the nephew want to grant his part to his wife instead? Does this sever the joint tenancy? Can we have the exemption for tax reassessment? Can we use the interspousal deed to do it?
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answered on May 28, 2024
In California, a joint tenancy is a form of property ownership where two or more people own equal shares of a property with the right of survivorship. This means that if one joint tenant dies, their share automatically passes to the surviving joint tenant(s) without going through probate.... View More
The deed has our names and the nephew name as joint tenancy. Now the nephew want to grant his part to his wife instead? Does this sever the joint tenancy? Can we have the exemption for tax reassessment? Can we use the interspousal deed to do it?
answered on Jun 2, 2024
Thank you for your question!
Joint tenancy ends with the transference of interest by any of the joint tenants. A new tenancy in common is created without the right of survivorship.
For tax exemption, you need to consult with a tax attorney.
This is merely a discussion of... View More
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answered on May 26, 2024
Filing and paying unwithheld payroll taxes from 2020 and Q1 2021 before receiving notice from the IRS may help prevent the assessment of the Trust Fund Recovery Penalty (TFRP). Here's why:
1. Voluntary compliance: By filing and paying the unpaid taxes before being notified by the IRS,... View More
I have a hearing on June 6th, 2024. I am filing an opposition to a motion, which I have to do nine court days before the hearing date. According to the LA Superior Court calculator, June 5th is nine days from today (May 22). So, is today or tomorrow my deadline to file?
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answered on May 22, 2024
In California, the Code of Civil Procedure (CCP) Section 12c defines how to calculate filing deadlines. The general rule is that if the last day to perform an act falls on a holiday, then the deadline is extended to the next business day.
To calculate the filing deadline for your opposition... View More
The new withholding method has resulted in me owing $4300 this year. Only $83 out of $2110 is being withheld for federal taxes per paycheck. I never made changes to my old W-4 except for asking extra withholdings.
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answered on May 19, 2024
Based on the information you provided, here are a few key points to consider:
1. California employers are required to use the federal Form W-4 for state income tax withholding purposes, unless the employee chooses to fill out a California state withholding form (DE 4).
2. If you... View More
THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More
answered on May 19, 2024
The previous lawyers gave you good information. As I often tell my clients, there’s a legal answer and a practical answer to your question and those answers are often different. Legally, there is no requirement that you change title to your name as trustee. But, some realtors, mortgage companies... View More
THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More
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answered on May 19, 2024
Based on the information you provided, here are the answers to your questions under California law:
1. Changing the deed:
Since the house was already in the trust with your mother as the trustee and you as the successor trustee, the property should automatically pass to you as the... View More
THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More
answered on May 20, 2024
I want to clarify something in your question which impacts the answer. Your question is around being the successor trustee which is what my colleagues have addressed (no requirement to change the deed to you as the successor trustee).
HOWEVER, you also mention that you are the only heir. If... View More
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