Lawyers, Answer Questions  & Get Points Log In
Michigan Tax Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes, Public Benefits and Tax Law for Michigan on
Q: What happens when someone knowingly commits fraud for taxes and government aid by Using a false address. What can I do

My girlfriend moved into her father's house to help him with chapter 13 bankruptcy. It has come to her attention that her sisters fraudulently use the address for taxes and government assistance hindering her ability to properly receive these benefits. What can she do to rectify this since... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

If someone commits fraud by using a false address for taxes and government aid, it's a serious issue that needs addressing. In your girlfriend's case, where her sisters are using her father's address fraudulently, this can indeed affect her ability to receive benefits legitimately.... View More

1 Answer | Asked in Tax Law for Michigan on
Q: How may a spouse obtain a copy of an estranged deceased spouse's wage and income tax record?

When I applied for financial aid I was told I needed my estranged spouse's tax information, I don't remember the name of the form, it's been some time. Which IRS form do I need to submit to IRS to obtain tax information from a spouse tax records?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

If your estranged spouse is deceased and you need a copy of their tax records, here are a few options to request them from the IRS:

- IRS Form 4506-T - Request for Transcript of Tax Return. This allows you to request a tax return transcript showing most line items from the tax return....
View More

1 Answer | Asked in Tax Law for Michigan on
Q: Question about a Michigan state tax lien?

Hello, I had some questions regarding a state tax lien that I learned was filed against me almost two months ago. The situation is tricky, I was made president of a business after a relative passed, business eventually closed and sales tax forms were not submitted. I was notified that a tax lien... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024

In Michigan, when a state tax lien is filed, it generally attaches to all of your current and future property and rights to property. This includes both real estate and personal property. The lien is effective from the date it is filed until your tax debt is paid in full or the lien expires.... View More

1 Answer | Asked in Estate Planning, Tax Law and Public Benefits for Michigan on
Q: Would owning a farm (not a primary residence) be considered a sellable asset to medicaid in Michigan?

Prior to developing brain cancer a friend had been nursing his dying father. When his dad died the family home became his and so did the father's farm. Both properties are in the state of Michigan. Would medicaid require the sale of the farm to help with my friend's medical expenses?... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 6, 2023

Business (and ANY non-homestead) property such as a farm that is rented out is not considered an 'exempt' property and needs to be liquidated in order to qualify for medicaid.

The PROCESS of doing that can be technical and complicated, so it is best to get local legal...
View More

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: Legal claims for paying delinquent property taxes

I live in a property owned by my aunt that I pay her for. My aunt’s name and my mom’s is on the house. There was delinquent in taxes since 2021. I got a foreclosure notice from Saginaw county in Michigan. I went and paid all of the delinquent taxes for the property in August 2023. The aunt is... View More

David Soble
PREMIUM
David Soble
answered on Oct 29, 2023

Any agreements concerning real estate must be in writing, according to the "Statute of Frauds." The idea is that certain types of contracts must be signed and in writing to be valid because verbal or oral agreements dealing with real estate can create confusion and therefore, verbal... View More

1 Answer | Asked in Tax Law and Probate for Michigan on
Q: I inherited over $170K in U.S.Savings bonds.Which have been redeemed Do I have to pay tax on all the interest as income?

Or do these fall under the step up basis? Like real estate.

Trent Harris
Trent Harris
answered on Mar 29, 2023

Good question. Whether you must pay income tax on your inheritance of US Savings Bonds depends on your individual tax situation, and can't be answered in this forum or given the limited information here. You should consult a CPA or tax attorney for more information. You can also find some... View More

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: My wife and brother inherited their mothers home upon her death. It was sold 2 months later.

Their mother had put their names on the title many years ago. She controlled the house, paid all the expenses, taxes, insurance, etc. She would never have been forced out of the house by her children. When she died, the house was left to her son and daughter, and it was sold two months later.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 17, 2023

That depends on HOW 'their names were on it'. Did your mother in law have a lady-bird deed prepared or did she do a simple quit claim deed to 'avoid probate'? (SO many bad decisions are made to 'avoid probate'!)

Take all the documents to a local real estate...
View More

1 Answer | Asked in Divorce, Family Law and Tax Law for Michigan on
Q: What can i do?

I have two kids 17, and 18. I am divorced, my ex and I have 50/50 custody. My house is the kids primary residence. My kids are both in school and live at home. We have an agreement that we each claim one child when filing out taxes. She claimed both this year. She claims it's her right,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

If you and your ex-spouse have a written agreement regarding claiming your children as dependents for tax purposes, and your ex-spouse violated that agreement by claiming both children, you may be able to resolve the issue by taking the following steps:

Talk to your ex-spouse: Start by...
View More

1 Answer | Asked in Immigration Law, International Law and Tax Law for Michigan on
Q: Are international students allowed to buy stocks and crypto and are they allowed to day trade stocks and crypto
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2023

Under U.S. immigration law, international students who are studying in the United States on an F-1 visa are generally allowed to invest in stocks and cryptocurrency. However, they may be subject to certain restrictions and regulations.

According to the U.S. Securities and Exchange...
View More

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: I want to gift a piece of vacant property to my son. I want to do this while I am still alive. What are the tax liabilit

We would like to do this tax-free. He is married as am I. Is there a way to do this?

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 4, 2022

There are several ways to do this and MANY wrong ways.

A Quit claim deed is one but you need to appropriately record transfer affidavits and report the gift properly. There probably won’t be tax due but depending on how you structure things a return may be due. The rules are complicated...
View More

1 Answer | Asked in Tax Law for Michigan on
Q: Tax office took around $1000 in tax preparation fee, now asking for additional $4,000 in fee when I get my return
Carli Jo Aelker
Carli Jo Aelker
answered on Nov 1, 2022

Hi! This isn't really a question, you may want to reword your post.

You should read over your engagement letter for the accounting firm to see their fees and if they have a clause stating that they could charge more for complex returns or if, like my firm, they do part upfront and...
View More

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Michigan on
Q: i bought a lot from the county that had been seized for back taxes.

The lot was own by the hoa, not the developer who was out of the picture. Since it was the hoa that lost the property I feel they have no claims to my property that I purchased in good faith. They claim I have to be in their hoa which I want no part of.

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 19, 2022

If the lot is included in the HOA and the HOA properly recorded that fact and the HOA still exists, you're likely 'out of luck'. If you didn't want to be part of a HOA you shouldn't have bought the property. Now, as a MEMBER of the HOA you can probably take steps to... View More

2 Answers | Asked in Estate Planning, Probate and Tax Law for Michigan on
Q: My father passed away at the end of May of this year. He was retired, so received Social Security and a small pension.

Will I need to file income tax on his SS and pension earnings or will this be taken care of in Probate? Thank you.

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2022

Most probate attorneys do not include tax compliance as part of the engagement, but some do. The bottom line is you should discuss this with your probate attorney so that you have clarity regarding who is going to take care of that.

View More Answers

1 Answer | Asked in Foreclosure and Tax Law for Michigan on
Q: Did court rule retroactive 2020

I want to claim leftover proceeds from 2017 tax auction. I owed $1,500 selling price was $29,000

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

I'm not sure you have a claim after so much time has passed, or if it would be financially worth it for you to pursue. Generally, when houses are foreclosed and auctioned, the taxes get paid and the bank or mortgage company get what they get. Sometimes they win big; sometimes not.

1 Answer | Asked in Immigration Law and Tax Law for Michigan on
Q: What is my legal address between moving?

I'm planning to move across country coast to coast, and plan to drive. It's going to be a few days of driving. Assuming I:

Move between 05-09/August

Started a lease on an apartment in new location, 01/August

Ended my lease in old location, end of August

For... View More

Brent T. Geers
Brent T. Geers
answered on May 11, 2022

You should consult an immigration lawyer for specifics on any nuances you may be subject to - particularly whether you need to declare a new location before moving. But generally, residency is prospective and intentional, determined by the place you intend to reside going forward. You have a lease,... View More

1 Answer | Asked in Tax Law for Michigan on
Q: I’ve claimed my little sister on taxes these past two years since our mother died

This year my brother wants to be spiteful and claim her on HIS taxes after I’ve already filed and received my return just so he can use the money for his own purposes, my sister doesn’t even live with him she lives with me and my girlfriend

Brent T. Geers
Brent T. Geers
answered on Apr 6, 2022

First thing you should probably do is get guardianship over your sister. That would resolve the legal issue of who is financially responsible for her. As to the IRS, it's often the case of "first to file". You can support your claim by showing you provide more than 50% of her... View More

2 Answers | Asked in Estate Planning and Tax Law for Michigan on
Q: I've a will specifying my 2 cars go to a friend on my death. Will the friend have to pay taxes to receive the vehicles?

I am divorced, cars are titled in my name only and fully paid for, no liens. I reside in Michigan. Michigan SOS (DMV) advised heir will have to pay sales tax - seems strange. Is this correct? My house will transfer without fees on my death.

Brent T. Geers
Brent T. Geers
answered on Mar 23, 2022

The Secretary of State is correct in this case. Only transfers of title between immediate family members are exempt from the 6% tax. If your friend is to receive the vehicles, he or she will need to pay that 6% tax.

View More Answers

1 Answer | Asked in Family Law, Real Estate Law and Tax Law for Michigan on
Q: I just need a couple of questions answered but do not currently have any money. Does anyone do a free consultation?

Is there anyone that could give me free legal advice for free if so who?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 12, 2022

MOST attorneys offer limited consultations at no charge.

You need to contact an attorney in your geographic area who handles the type of issue you have (domestic, real estate, estate planning, criminal law, civil litigation, etc.) directly and ask to set up a time for a free consultation....
View More

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Michigan on
Q: In Michigan do we pay taxes after selling deceased parents home

They had no will and we just sold it ( a few years after they passed after getting permission from courts).

There are 7 children splitting the money whom each get about $8,000 each.

They had no other assets or estate to speak of

Brent T. Geers
Brent T. Geers
answered on Mar 7, 2022

Did you already pay the inventory fee to the probate court? Other than that, there shouldn't be.

View More Answers

1 Answer | Asked in Business Law and Tax Law for Michigan on
Q: I started a software company in Michigan and I am getting clients from other states, do I need to file LLC there?

I started an LLC for software-as-a-service in Michigan and I am getting clients from Ohio and Illinois, I wanted to know that do I need to file an LLC in all states from where I get clients or I can do business from my Michigan LLC only, and where do I pay income tax?

Edward Gudeman
Edward Gudeman
answered on Feb 24, 2022

The filing of Articles of Organization in the other states in which you are doing business is not appropriate. Doing so would create separate entities that would have to be treated accordingly.

The registration of your company in those states in which you are doing business is, however,...
View More

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.