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Ohio Tax Law Questions & Answers
2 Answers | Asked in Real Estate Law, Tax Law and Probate for Ohio on
Q: My mom died in Ohio and I'm executor in her Will, which doesn't list her mortgage. What happens to it? Probate required?

In Mom's Will, there is no mention of her mortgage or who inherits the house. Neither child wants it. Small, inexpensive estate and we can't find anything on life insurance. Who pays mortgage? Can I as executor sell it? Am I legally still required to pay on the house until it is sold?... View More

James L. Arrasmith
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answered on Apr 22, 2024

I'm so sorry for your loss. Dealing with a parent's estate can be complicated, especially when there are outstanding debts like a mortgage. Here's some general information, but I would strongly recommend consulting with a probate attorney in Ohio to get specific legal advice for your... View More

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1 Answer | Asked in Tax Law and Banking for Ohio on
Q: can you deposit a federal income tax check in your account for someone in Jail if you have their financial poa?
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answered on Mar 22, 2024

If you have a financial power of attorney (POA) for someone who is currently incarcerated, you generally have the authority to manage their financial matters, including depositing checks on their behalf. This includes federal income tax refund checks. However, the specific actions you can take... View More

1 Answer | Asked in Tax Law for Ohio on
Q: Hello, I paid Optima Tax to help me with my IRS debt. It has been 4 years, nothing has been done and I can't get a call
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answered on Mar 18, 2024

If you're facing issues with Optima Tax regarding your IRS debt and lack of communication, it's important to address this matter directly and assertively. First, document all previous attempts to contact them, including dates, times, and the nature of your inquiries. This record can be... View More

1 Answer | Asked in Bankruptcy, Tax Law and Collections for Ohio on
Q: What form do I fill out to set aside a default judgment in Lucas County OH?

I have a default judgment in Lucas County OH and but was not properly served (wrong address) and my taxes were included in my bankruptcy.

James L. Arrasmith
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answered on Mar 6, 2024

In Lucas County, Ohio, if you're seeking to set aside a default judgment due to not being properly served or because the debt was included in your bankruptcy, you will need to file a motion with the court. This legal document is commonly referred to as a "Motion to Set Aside Default... View More

1 Answer | Asked in Tax Law for Ohio on
Q: My mother gifted me & my daughter a home in (she is alive) in 2017. When we sell do we have to pay step-up taxes?

My daughter and myself are both the owners, and my daughter holds the mortgage which is mostly paid off. We live in the Ohio.

James L. Arrasmith
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answered on Mar 1, 2024

Based on the details provided, here are a few key points regarding whether you would need to pay capital gains taxes when you sell the home that was gifted to you and your daughter by your mother in 2017:

- Since this was a gift from your mother, your cost basis in the home would be the...
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1 Answer | Asked in Tax Law for Ohio on
Q: I have court order that says I can clean my son on taxes, but my ex claimed him this year
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answered on Feb 22, 2024

If you have a court order granting you the right to claim your son on your taxes, but your ex has already claimed him for the year, you should still file your taxes accurately according to the court order. If you are filing electronically and the IRS system rejects your return because your... View More

2 Answers | Asked in Tax Law, Estate Planning and Probate for Ohio on
Q: My husband died 3 years ago. I have been paying 3 cc s I changed on since then. Can I stop paying? I’m 71 w no assets

These don’t show on my credit report

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 19, 2024

More information is needed here. For example, based on your post, are you suggesting that these 3 credit cards are in your deceased hsuband's name only? Anyway, the short version is that if you stop paying then you are exposed to being potentially sued and the question is whether or not... View More

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2 Answers | Asked in Tax Law, Estate Planning and Probate for Ohio on
Q: My husband died 3 years ago. I have been paying 3 cc s I changed on since then. Can I stop paying? I’m 71 w no assets

These don’t show on my credit report

James L. Arrasmith
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answered on Feb 22, 2024

As a widow at 71 with limited assets, you may have options to address the credit card debt incurred by your deceased husband. Since the credit card debts do not appear on your credit report, it suggests that you may not be legally obligated to repay them, especially if they were solely in your... View More

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3 Answers | Asked in Tax Law, Family Law and Divorce for Ohio on
Q: As a custodial parent, do I have the right to claim my son for taxes even though the decree says to alternate?

When first filing for divorce, I agreed to alternate years of claiming my son on taxes with my ex. It's 3.5 years later and I have my son full-time, he has never once had him for a weekend in his home. I would not have agreed to this if I would've known I would be the one to have my son... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jan 28, 2024

First, the state isn't going to be the one holding you in contempt, your ex-spouse would be the one bringing a contempt action to enforce the terms of your decree. Second, given that he is not exercising the requisite amount of time needed by the IRS in order to properly claim a minor child,... View More

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3 Answers | Asked in Tax Law, Family Law and Divorce for Ohio on
Q: As a custodial parent, do I have the right to claim my son for taxes even though the decree says to alternate?

When first filing for divorce, I agreed to alternate years of claiming my son on taxes with my ex. It's 3.5 years later and I have my son full-time, he has never once had him for a weekend in his home. I would not have agreed to this if I would've known I would be the one to have my son... View More

James L. Arrasmith
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answered on Jan 26, 2024

In your situation, the IRS generally allows the custodial parent to claim the child for tax purposes. The custodial parent is typically the one with whom the child spends the majority of nights during the year. However, the IRS's rules don't automatically override the terms of your... View More

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2 Answers | Asked in Bankruptcy and Tax Law for Ohio on
Q: I loaned someone $6,000 and they filed bankruptcy. Call me petty but I want to issue a 1099-C

I don’t know if the bankruptcy itself would make him responsible for paying taxes on the income although it was forgiven, but from my understanding, they still can be required to pay the taxes on the income, although the debt was forgiven? Also, I know the person Social Security number,he gave it... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 10, 2024

Issuance of a form 1099 is a prerequisite for you to deduct the bad debt from taxable income.

However, before you do that, check the bankruptcy code provision concerning tax effects of the resulting insolvency of a debt receiving a discharge (much taxable income is forgiven by that statute,...
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2 Answers | Asked in Bankruptcy and Tax Law for Ohio on
Q: I loaned someone $6,000 and they filed bankruptcy. Call me petty but I want to issue a 1099-C

I don’t know if the bankruptcy itself would make him responsible for paying taxes on the income although it was forgiven, but from my understanding, they still can be required to pay the taxes on the income, although the debt was forgiven? Also, I know the person Social Security number,he gave it... View More

James L. Arrasmith
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answered on Jan 12, 2024

When a debt is discharged in bankruptcy, the debtor typically is not responsible for paying taxes on the forgiven amount. The IRS does not consider debts discharged in bankruptcy as taxable income. This means issuing a 1099-C, which is used to report cancellation of debt as income, might not have... View More

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1 Answer | Asked in Tax Law for Ohio on
Q: Haven't received 2020 refund, wrote them and just got my 2nd letter saying they need more time, again, that was a year

Just need direction on what to do next

James L. Arrasmith
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answered on Jan 3, 2024

If you haven't received your 2020 tax refund and have already received multiple letters from the IRS requesting more time, there are a few steps you can take. First, consider calling the IRS directly for an update. They may be able to provide more specific information about the delay and the... View More

1 Answer | Asked in Tax Law for Ohio on
Q: what does the acrynoym OAGST 100 refer to in the state of ohio? in relation to possible taxes being owed i believe?
James L. Arrasmith
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answered on Dec 25, 2023

The acronym "OAGST 100" in Ohio is not a commonly recognized term in the context of state taxes or legal obligations. It's possible that this could be a specific code or reference number used by a particular department or in a specific context within the state's tax or legal... View More

1 Answer | Asked in Tax Law for Ohio on
Q: My employer failed to withhold local income taxes from Oct. 2015 thru Sep 2019. I am not required to file a tax return

In the city in which I work or in the township where I live. (I didn’t realize the taxes weren’t withheld until notified by my employer. My employer, which is the Federal Government, stated the municipality may not attempt to collect the taxes, so I took no action at the time). In early 2023, I... View More

James L. Arrasmith
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answered on Dec 25, 2023

Based on your description and referencing Ohio Revised Code Title 7, Chapter 718, Section 718.12, it seems that the statute of limitations might indeed protect you from being liable for the local income taxes from 2015 to 2019. Typically, municipalities have a limited time frame within which they... View More

1 Answer | Asked in Tax Law, Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: In divorce creed dated in 2015, Father was entitled to daughte as tax exemp as long as child spp and medic were current.

Hi, I had a simple question about claiming my daughter on my taxes. I have been her sole guardian since May 2021 when child support stopped. I am also on three of her college loans and make monthly payments on all of them. I provide her with all essentials such as room/board, toiletries, food,... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 18, 2023

If your daughter has her own income by which she's paying taxes, you can claim her on your own tax return but will also need to acknowledge the income she's receiving. It will be imputed as income to your household for the purposes of tax assessment. Simply paying on her loans does not... View More

1 Answer | Asked in Social Security, Family Law, Tax Law and Civil Rights for Ohio on
Q: I was granted ssi &SSDI in 1996 with a onset date of June 10 1985.i was given a payee till 2021. In 2021 I am my owe pay

Payee for 27 years.human service.social security.medicare &medicaid.have the wrong date of birth that shows that any time they tried to enter my information into the federal data base for matching program for benefits funding international justice data base it was kicked out with no matches.for... View More

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answered on Oct 15, 2023

I understand your concerns, and it's crucial to rectify such administrative errors. Firstly, you should gather all relevant documents proving your correct personal information, like your birth certificate, any government-issued IDs, and records indicating the discrepancies in data. Then,... View More

1 Answer | Asked in Tax Law, Employment Law and Federal Crimes for Ohio on
Q: My husband’s employer is taxing the refund check for our medical insurance. Is this legal

My husband’s employer told us if we paid for our own insurance health insurance they would give us a refund check for the amount each month so we paid for two months in advance because the insurance company told us to the employer gave us a refund check, but they taxed it. We already paid taxes... View More

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answered on Sep 14, 2023

Taxation on insurance refunds can vary depending on the specific circumstances and applicable tax laws. It's advisable to consult with a tax professional or accountant to review the details of your situation and determine whether the taxation of the refund check is in compliance with relevant... View More

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: Do I need a real estate lawyer when I'm forced to pay taxes that should have been prorated since my wife is totally disa

Disabled and just recently had a major heart attack 20 days ago then 4 days ago last week sometime

Todd B. Kotler
Todd B. Kotler
answered on May 21, 2023

You may wish to do so. In order to receive a disability you will likely need to file a DTE Form 105A

You may find Ohio Tax forms here

https://tax.ohio.gov/wps/portal/gov/tax/business/ohio-business-taxes/sales-and-use/information-releases/st200502

ANd bulletins specific to...
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1 Answer | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Ohio on
Q: Property lien purchased for 532.00.

A Lien was purchased for forgotten half a year of property taxes. Rookie mistake. Taxes are now current and will stay that way. The Lien expires in 3yrs. We don't plan on moving for 5+yrs. Have no mortgage and own home outright. Should I go ahead and pay lien in full? Can third party llc... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

Tax lien expires in 15 years. Interest rate negotiated on the tax certificate was probably 18%. In 15 years with interest the lien will be approximately $2100.00 and they will require you to pay Court costs and attorney fees to avoid the property going to Sheriff's Sale. It is not something... View More

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