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New Jersey Tax Law Questions & Answers
1 Answer | Asked in Divorce, Tax Law, Estate Planning and Probate for New Jersey on
Q: My ex wife has recently passed away. Am I or my daughter responsible for any or all of her bills?

My ex-wife passed away last week. She was rushed to the hospital and had no medical insurance. Our daughter is a full time college student, and has just turned 21. Is my daughter responsible for her mother's medical bills? Or any other bills? Such as back taxes her mother owed?

Am I... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 30, 2020

I'm very sorry for your family's loss. If you wanted to try reposting and adding Probate and Estate Planning as categories, you could have better chances of a response. There's no guarantee all posts are picked up, but it sounds like something where an attorney could give more... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: Judgement lien for cigarette tax for NJ for online ordering.

Years ago I ordered cigarettes online without realizing they were so cheap because tax wasn't charged. My housemate and I are both on deed and both listed as single with right of survivorship. We have never been married and are not in romantic relationship. It is my understanding we both are... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 16, 2020

The rule is that a judgment is valid for a period of 20 years. However, a judgment creditor may apply to the court to have the judgment extended for an additional 20 year period. When a judgment is docketed, it becomes a lien against all property the judgment debtor owns at the time the the... Read more »

4 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: What are the effects on a Municipal tax lien, When property owner subsequent files for bankruptcy protection.

Lien is bought and held by private investor. State of New Jersey.

Derek John Soltis
Derek John Soltis answered on Sep 16, 2020

The lein stays attached to the property and continues to gather interest. If a foreclosure has been initiated, that will be stayed pending the bankruptcy. If chapter 13 is filed, then the lien can be paid off in the chapter 13 bankruptcy.

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1 Answer | Asked in Tax Law for New Jersey on
Q: My son was divorced about 2 years ago. Part of the settlement was for his wife to pay their then due federal income tax

She has not paid and they are billing him. Is there anything that he can do?

Linda Simmons Campbell
Linda Simmons Campbell answered on Jul 20, 2020

Unfortunately other than taking her back to court he will need to set up his own collection alternative with the IRS. This can include currently not collectible status, an Offer in Compromise, or Innocent Spouse Relief. Most of us offer a free consultation so it would not hurt to speak with a... Read more »

1 Answer | Asked in Tax Law for New Jersey on
Q: I filed my taxes this year , and someone claimed me on their taxes . I don’t Know how to go about this ?

Last year, I was in a government program from September 2018-May 2019. Afterwards i worked two jobs. I want to know how to go about this situation.

James Daloisio
James Daloisio answered on Jun 17, 2020

Hello,

Your situation is not uncommon.

You said you filed your taxes, so I'm assuming you mailed your tax return because if you e-filed it'd have been rejected.

If your paper return was rejected and returned to you or if you received a rejection notice, re-file...
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1 Answer | Asked in Tax Law and Immigration Law for New Jersey on
Q: Hi question about my tax

Hi,

I did my tax a month ago and filed by mail.

I am not sure if my taxes has been accepted.

I have my I140 and I need to submit it for immigration case.

My question is it okay to send my tax return as it is even though there is a chance it gets rejected or should I wait?

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

From a tax perspective the return has been filed when it's placed in the mail. If something happens in the future with the IRS that will be an adjustment of that return. There's nothing that can unfile it.

I would also check with an immigration attorney to make sure the...
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1 Answer | Asked in Estate Planning, Tax Law and Probate for New Jersey on
Q: At which point does an executor take their payment(s)? At the beginning, during or end?

My uncle withdrew his entire fee and now the estate account is empty with property taxes, home insurance and utilities overdue and is looking into selling the house. Is my uncle or myself(beneficiary living in the home) responsible for the bills? Also, is there estate tax and inheritance tax due in... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 27, 2020

The fee should not be taken until the estate is settled. The house sounds like it is going to need to be sold to make the estate whole. The estate tax is based on who takes what and the relationship to the deceased. You are better off talking to a probate attorney to get direct answers to your... Read more »

3 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: Please see the below for details

Hello,

there were recently loans taken out with me as a co-signer listed. My signature was forged by my husband. I do not want to press charges, but is there any legal action I can take against this company since i was never contacted? My credit is now bad because my husband defaulted on... Read more »

Karra Kingston
Karra Kingston answered on Mar 13, 2020

You should contact a bankruptcy lawyer to see what options you have available. You should definitely file a police report if someone stole your identity and took loans out fraudulently

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1 Answer | Asked in Estate Planning, Tax Law and Probate for New Jersey on
Q: Is there any thing as a lawyer that handles stock

husband did not live will but left a lot of shares of stock. Need help trying to liquidate it.

Leonard R. Boyer
Leonard R. Boyer answered on Feb 9, 2020

You need an attorney who is a Probate attorney. The right documents are obtained by an attorney and the stock is liquidated by a stock broker. That is all you require. A fair amount of work may be required depending on what you have already done with the Surrogate.

1 Answer | Asked in Tax Law for New Jersey on
Q: How to handle being significantly overcharged for tax preparation fees?

I engaged an Enrolled Agent to prepare my 2018 tax return. He filed for an extension for me and has been almost completely unresponsive (for months) to requests for status causing me to miss the extension deadline. When I finally received the prepared return I got an invoice for $3000. Several... Read more »

Andrew M Steiger
Andrew M Steiger answered on Feb 6, 2020

Without receiving more info from him, I wouldn’t pay. Sounds like he breached whatever contract you may think you have with him, but maybe he knows his bill doesn’t square with his fee. If he threatens to go to collections, threaten to take him to small claims court and notify the BBB.... Read more »

1 Answer | Asked in Tax Law and Real Estate Law for New Jersey on
Q: What kind of year-end statement is needed for rental income?

I receive rental income from a property to which I am one of the heirs. Another one of the heirs is acting as the administrator and sends me the money (check) every quarter. She only sends handwritten notes of how much each heir received. What type of statement can she prepare to send us so that we... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 1, 2020

You probably have either a trust/estate or a partnership. So you should be receiving a k-1 from either a 1041 or a 1065.

You should get that looked at since not filing properly can create a lot of penalties.

1 Answer | Asked in Tax Law for New Jersey on
Q: Can I file against someone for falsely claiming my child as their dependent? Can I file against a noncustodial parent?

I have sole custody of my children. My children’s father is not active in their lives and haven’t been for years. I have court documents stating I have sole custody as well as a full restraining order. They reside with me and do not have any contact with the father. However, every year he... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jan 29, 2020

You can file a paper tax return and include a letter stating that you have sole custody of the children. The IRS will investigate and get back to you. If taxes were addressed in your divorce agreement and you were given the right to claim them then you can take him back to court for violating the... Read more »

1 Answer | Asked in Tax Law for New Jersey on
Q: In may of 2015 a Federal Trustee in Newark discharged my indebtedness by way of a Chapter13 Bankruptcy which included

Monies owed to the Internal Revenue Service According to IRS I owe $5,000 for year 2012 on January 22, 2020 I will be 65 years old . They take a percentage of my partial social security. At age 65 are they still allowed to collect arrearages and what is the procedure to stop this payment

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 16, 2020

2012 taxes would not be discharged in a 2015 bankruptcy. That return would have been due 4.15.13 and the three year period for discharging income tax would not have passed until 4.15.2016. Also, the IRS is a preferred creditor in a 13.

If you want them to stop the SS levy you have to setup...
Read more »

1 Answer | Asked in Business Formation, Employment Law and Tax Law for New Jersey on
Q: If I am the founder of a non-profit and am planning to pay myself according to a set salary, do I count as an employee?

Main thing is, I'm trying to set up a payroll, and I just want to know what to tell the payroll company (e.g., ADP) when they keep asking about the "employee."

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

Yes, you're an employee.

1 Answer | Asked in Family Law and Tax Law for New Jersey on
Q: Can i sue my father for threatening my mother to give her income tax returns to him

I was living with my mother at the time this happened but i was getting my things to live with my father, and this was recently in late April. I just recently found out from my mother that she was threatened for the dependent tax return money, she did not know she had a right to keep it. My father... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 20, 2019

Thank you for your question. I'm sure it is frustrating to watch your mother go through this. The short answer is No. You do not have standing to sue a third party, your mother is the one who will be potentially injured. Also, suing someone is typically for personal injury cases.

If...
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1 Answer | Asked in Tax Law for New Jersey on
Q: Can NJ Department of Revenue put a lien on my wife's house for tax issue related to my LLC?

I’m a member in an LLC. The person responsible for keeping our books failed to file Sales Tax returns for years. The NJ Department of Revenue send me a certified letter claiming that I’m personally responsible for these taxes. The LLC never paid the taxes owed. My question is can NJ put a lien... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 9, 2019

Yes they can. You should work on getting this resolved soon.

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: My house was foreclosed on a tax lien The people who paid my taxes unknowingly to me did a fraudulent transfer.

They are trying to evict me and I still own the house. Who can help me I need a public defender

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 16, 2019

Public defenders are not available for civil or administrative matters. You'll need to retain counsel to advise you on your rights and responsibilities.

1 Answer | Asked in Tax Law for New Jersey on
Q: My Mom passed recently & lived in NJ. She left life policies for 3 sons. 2 in NJ & me in PA. Are taxes due to NJ or PA?

My Mom lived in NJ, as do my two brothers. I live in PA. We were left a few life policies as beneficiaries, to be divided amongst us equally.

D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 28, 2019

No, life insurance passes outside of Probate and is not taxable to the estate or the beneficiary.

2 Answers | Asked in Employment Law and Tax Law for New Jersey on
Q: My employer isn't taking the correct amount of federal taxes out if any. Ive tried fixing it for months. What can I do

Most weeks they took out nothing. I was claiming 0 and married. I changed it to 1 then back to 0. I now have it 0 married but take out single with an extra $20. But I don't think they are taking the right amount out for any of the taxes now that I started looking closely. I called the labor... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 25, 2019

The IRS changes the schedules for withholding all the time. It is your responsibility to tell your employer how many dependents you claim and your marital status--and any other info requested on the Form W-4. If you do not think it is enough, you can instruct them to take out additional money. You... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: My mother in law is debt about $100,000 She owns 2 homes outright and believes that the debt dies with her Is she right?

She lives on the rental money from a condo and lives in the other home. We have been trying to have her put the houses in her daughters name but she wont because she uses the tax breaks from owning the homes.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

Maybe not. Depending on the kind of debt, if the creditors want to enforce their rights they can sue your mother's estate (i.e., the houses and ay other assets she owns) after she passes. Consult a collections lawyer.

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