I inherited a house in Maryland. The estate is in probate and I'm the executor and sole heir (I will be filling for modified administration). As I understand it, the house can be sold either by the estate or deeded to me first before the sale. For both options, when exactly in the probate... Read more »
answered on Feb 6, 2021
You can amend the inventory value based either on the tax assessed value or an appraisal by a certified real estate appraiser (not just a real estate agent doing a valuation—must be a certified appraisal). The tax basis in the Property is fixed as of the date of death regardless of whether the... Read more »
House was legally auctioned off at tax sale and the plaintiff is in the process of foreclosing the right to redemption. Current owner (defendant) of the house has no mortgage; the deed is in their name alone. This house/owner has a child support lien on it by the State of Maryland for over $30,000... Read more »
answered on Jan 5, 2021
Property tax liens tend to have super priority, meaning they stand first in line before most other kinds of liens. This means that in most cases, if proper notice is given, a tax sale foreclosure case wipes out the other liens and transfers the property free and clear of lesser liens.... Read more »
my fiancee and i live in baltimore and we are planning to marry and buy a house in georgia. He owes taxes of $51, 000 and he pays each month. If we marry, buy a house and he dies am i responsible for his debt and If i file taxes for a refund will they take that away.
answered on Dec 13, 2020
No, you will not personally owe your husband's tax debt, but you may want to consult a CPA before filing joint tax returns as a married couple, as opposed to married filing separately. When you purchase your house, title it under your name alone, as the IRS can attach any property in which... Read more »
Person A and B are tenants in common in a property that is valued at $1,000,000 and has a basis of $200,000.
Their mother dies leaving them $2,000,000 in a trust to be distributed equally.
Person A disclaims $500,000 of his inheritance from the trust.
Person B signs a... Read more »
answered on Nov 11, 2020
A gift tax return should be filed by Person B for the gift of their interest in the property to person A, but at person B's option, no estimated gift tax need be paid at this time, since the amount will be added back into Person B's gross estate when Person B dies for purposes of... Read more »
answered on Oct 6, 2020
To get an ITIN one needs to fill out IRS Form w-7. The form can be found at the IRS website (irs.gov) An attorney may not be needed since this is mostly a matter of gathering your key documents (e.g., passport, birth certificate) and bringing or sending them to the IRS.
That form requires... Read more »
Hello everyone,
I have been living in the US for just a year now. I entered with a b1 visa and overstayed it. I am aware that it is illegal but as an African, I didn't have any real chances of obtaining a residency in the US.
That said, I work hard every day hoping my American... Read more »
answered on Oct 3, 2020
Yes. Maryland repealed the requirement to prove legal status in the US in order to obtain a driver’s license; however, a license obtained by an illegal immigrant is not the same as a license obtained by someone with legal status. They look similar, but it is not a legal form of identification for... Read more »
The definitions indicate that "property" is basically anything owned. I'm understanding that to include one's home. Additional reading indicates that the transfer of ownership can be handle by including the beneficiary's name and POD, TOD, etc., allowing ownership control... Read more »
answered on Sep 29, 2020
Real property deeds do not have TOD beneficiary designations, but there are possible ways to re-deed the property to accomplish similar results (life estate deeds, or adding the name to the deed as joint tenant with right of survivorship, for example), but these methods grant an interest in the... Read more »
So in January my mom got a letter from her financial advisor which was from the IRS telling her that she had to fill out a W-9 because the social security she had in her account was wrong. My mom immediately took action and we went to our financial advisor office to correct the social security... Read more »
answered on Sep 14, 2020
The IRS has 10 years to collect on any tax due from the date of the last assessment. For instance, if you filed in 2007 and they audited the return in 2009, making changes to the return and assessing a new balance, they would have until 2019 to collect the taxes because that is the new assessment... Read more »
answered on Sep 14, 2020
When the IRS places a lien on an individual, it places a general lien on that individual which then is supposed to attach to all personal property that individual owns. If the house is owned by two unrelated individuals and you go to sell the house, the title company will not be allowed to clear... Read more »
My Service Computation Date is February 1983 and I am under the FERs retirement system. I heard that my retitrement income will not be taxed by the state due to that Bailey Act?
answered on Aug 9, 2020
According to the decision of Bailey v. State of North Carolina, you are correct, the state cannot collect tax on your FERS as long as you have the eligible number of years as of 1989. In your case, 1983. If you would like to read more, there is a wonderful explanation here:... Read more »
Settlement company is saying that seller fees have to be paid by seller despite contract stating "buyer agrees to pay all settlement costs and charges, including, but not limited to..."
Can the settlement company do this or is there a law that states that sellers are required to... Read more »
answered on Aug 5, 2020
The contract dictates who pays the closing costs and settlement fees and the title company should follow those instructions. Note that in most cases the Seller will pay the cost of the deed preparation and the cost of recording the release for any mortgage, even if the Buyer will pay the... Read more »
My spouse and I live in different states, so it would be easier to file state taxes separately.
answered on May 19, 2020
No, Maryland doe not allow you to file MFJ federal and MFS for state.
However you can list your spouse as a Part-Year / Non-resident.
See https://www.marylandtaxes.gov/individual/income/filing/index.php
Under "If Lived in Maryland Only Part of the Year" starts at Section 7.
I was a partner with an LLC startup & it converted to a C-Corp in Jan 2019. At that point, I had been vested 33% of my LLC units/C-Corp Shares. In Apr 2019, my total number of shares (vested + unvested) were reduced from 125k to 48k. In Jul 2019, I vested another 33% of the new amount (half of... Read more »
answered on May 17, 2020
There are several different types of restricted equity that can be provided to an employee. Each is taxed in a different way. To review your particular situation is going to require the documents for the equity grant and the conversation documents to be reviewed.
Without a thorough... Read more »
Is it legal for me to rent out my Maryland state home to my LLC (Registered in FL)? My LLC's principle address is the same as my Maryland home, but now I want to rent the home entirely to the LLC and move out. I would live somewhere else, but use the home for business purposes only. Given the... Read more »
answered on May 1, 2020
I agree with Mr. Blackburn that it is perfectly legal, but I don't think it accomplishes what you are trying to accomplish. If the LLC you form is a passthrough entity with partnership taxation, then the formation is a wash. The rental income passes through to you after writing off the... Read more »
the check arrived. It is made out to both my husband and me. Am I entitled to the entire $2,400.00? Can the executor sign on behalf of my husband so I can deposit the check into my account?
answered on Apr 30, 2020
There is not currently guidance on this matter from the IRS. However, if the individual passed in 2019 and the payment was based on the 2019 return there is a string argument that he payment is proper. Second, the IRS has made clear that outside fraud on the part of an individual these payment will... Read more »
answered on Apr 5, 2020
No, but you may be able to discharge your tax debt in bankruptcy. Call a bankruptcy lawyer to discuss your options.
I emailed the company about this person’s character
answered on Mar 30, 2020
The essence of defamation is spreading untrue things about individuals that harm them. Truth is always a defense in any defamation action.
I owe a debt to a local community college in Maryland. I never paid the school and the state sent me a letter last year telling me they would take my taxes if I didn’t pay. I called and set up a payment arrangement through the states debt collection systems. Although I have not kept up with these... Read more »
answered on Feb 7, 2020
Yes, of course they can take your tax refunds; every year as long as the debt remains unpaid.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
