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3 Answers | Asked in Real Estate Law, Tax Law and Probate for New York on
Q: My mother passed in 2021, she had left the house to me and my 3 children. There is about two years of unpaid property

And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?

Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 11, 2024

I'm sorry for your loss and the challenges you're facing. If probate is delaying your ability to act, consider filing a motion requesting the court to grant temporary authority to address urgent matters, like paying property taxes. An attorney can assist with this.

Possibly, you...
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3 Answers | Asked in Real Estate Law, Tax Law and Probate for New York on
Q: My mother passed in 2021, she had left the house to me and my 3 children. There is about two years of unpaid property

And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?

Peter Klose
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answered on Dec 11, 2024

First of all, don't panic. I am not sure where the property or the probate court are located, but as a sole practitioner, I see this many times a year. Find a small law local firm to probate the will or administer the estate. Nothing is going to move quickly. Gather up all of the... View More

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1 Answer | Asked in Tax Law for Georgia on
Q: I received a lien notice in April of this year for 2015 back taxes, but my IRS transcript- $0 balance, written off 2018.

As part of our divorce settlement, my ex was to pay her share of 2015 back taxes. We don't speak anymore but from what I can tell from my 2015 transcript was that she started and stopped her plan once or twice until 2018 when it was written off and the balance was set to zero - there are no... View More

W. Calvin Bomar
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W. Calvin Bomar
answered on Dec 9, 2024

I would want to look at the lien notice, but if it went to $0 on IRS records prior to the notice normally I would expect that you probably received a scam notice that is not actually from IRS. Feel free to email it to me for review. No, an IRS lien cannot exist without an underlying tax debt.... View More

2 Answers | Asked in Tax Law and Federal Crimes for California on
Q: My employer gave me two different 1099 one with the wrong ss # and decided to file my taxes without my permission

They filled my taxes without my permission as a business owner who lost $108

Robert Weinstein
Robert Weinstein
answered on Dec 6, 2024

You have a few issues here. First, and maybe most important is it's generally illegal to sign another's original tax return without proper authorization. You may wish to contact the IRS and the identity theft department regarding another filing your tax return, or speak to an attorney... View More

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2 Answers | Asked in Estate Planning and Tax Law for California on
Q: My brother owes 10% of the house and I owe 90% of the house. My brother wants to do a quit claim deed and give me the

house. Can I avoid property tax? Both of our name is on the grant deed.

Julie King
Julie King
answered on Dec 3, 2024

Unfortunately, almost all exchanges of real estate in California will cause the property tax rate to increase. There are VERY FEW exceptions (one such exception applies when a person transfers real estate to their spouse.) There are no exceptions for property transfers to siblings, cousins,... View More

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1 Answer | Asked in Tax Law for New York on
Q: What is recourse if real property was illegally seized when taxes were always paid in full and county ascribed wrong own

Owner and failed to notify record owner of deed

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 25, 2024

If your real property was transferred due to errors by the county (e.g., assigning the wrong owner or failing to notify you of changes to the deed) contact the county recorder or assessor's office in writing to dispute the error. Include copies of your tax payment records, the deed, and other... View More

1 Answer | Asked in Tax Law and Agricultural Law for Florida on
Q: Tax rate on 614000.00illinois farm sale from florida resident
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2024

If I correctly understand what you are asking, you want to know the taxes applicable to the sale of property in Illinois. You would have to ask the authorities in the area of Illinois where the farm is located. For federal income tax (capital gains), of any, that would depend upon your specific... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Pennsylvania on
Q: Is there specific language put in survivorship deed to show added name is my child to be exempt from PA transfer tax?

I am adding my daughter's name to my deed with right of survivorship. We have a draft of a special warranty deed with right of survivorship and I want to know if there is specific language that should be included in the deed to show she is my child in order to be exempt from the Pennsylvania... View More

Stephen M. Asbel
Stephen M. Asbel
answered on Nov 20, 2024

I do not know all the facts in your situation but before you proceed with adding your daughter to the title of this deed, you should consider the potential that doing so could reduce the benefit of stepped-up basis in calculation of capital gain tax if the house is sold in the future. The... View More

2 Answers | Asked in Family Law and Tax Law for Nevada on
Q: Can one state take my federal tax return while another state is collecting child support? One child same case
Jennifer Setters
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answered on Nov 25, 2024

Every case is unique; so, it is advisable to seek legal advice to know how child support rules apply to your particular circumstances. Generally speaking, coordination among the several states participating in collecting child support for the same case guarantees proper direction of payments.... View More

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2 Answers | Asked in Tax Law for Michigan on
Q: How is the 16th Amendment constitutional? It is front end taxing, and back end taxing on a person and too broad.

Income - a gain or recurrent benefit usually measured in money that derives from capital or labor. Capital - net worth : excess of assets over liabilities. Labor - the services performed by workers for wages as distinguished from those rendered by entrepreneurs for profits. I am being taxed on the... View More

Brent T. Geers
Brent T. Geers
answered on Nov 18, 2024

Your concerns raise more of a political question than a legal one. And I think you are misunderstanding the relationship between the 16th Amendment and Article I.

Similar arguments and concerns have been litigated since the 16th Amendment was ratified in 1913. Congress's ability to...
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1 Answer | Asked in Employment Law and Tax Law for Kentucky on
Q: If I work for someone for over 10 years under the table and they fire me how do I get money owed to me
Rob Astorino Jr.
Rob Astorino Jr.
answered on Nov 8, 2024

You should contact an experienced Kentucky employment attorney immediately. Kentucky law states that any employee who leaves or is discharged from his employment shall be paid in full all wages or salary earned by him no later than the next normal pay period following the date of dismissal or... View More

2 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: Do you all prepare legal deeds? I want to assume the loan to my late father's home and need a drafted deed
Mark Oakley
Mark Oakley
answered on Nov 11, 2024

The only likely scenario where you can continue paying the existing mortgage on your deceased father's home without replacing (refinancing) it, is if you are your father's heir and are receiving the house as part of his estate distribution. In that scenario, the law allows an heir in the... View More

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1 Answer | Asked in Tax Law for Colorado on
Q: Can my job change my tax code even though I am not resident?

Hello I am visiting Florida and my job wants to change my tax code to Florida from colorado. I am currently a resident of Colorado. Is this legal?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 5, 2024

If you're visiting then no you are still domiciled in Colorado and you're not performing services in Florida so there would be no Florida source income.

If by visiting you mean working in the company's Florida office then yes. You would have Florida source income and the...
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2 Answers | Asked in Estate Planning and Tax Law for California on
Q: What is a trustee called after the grantor dies? The trustee was also listed as a co trustee.

Living trust has stocks worth 1.5 million. The financial institution wants to divide all stocks and move into beneficiaries account. When beneficiaries sell stock do they pay capital gains from stocks original purpose or from date received forward? Or is it better to sell all stocks and distribute... View More

Julie King
Julie King
answered on Nov 4, 2024

The legal term “Trustee” is the title of the person with the right to handle assets in the trust and who must fulfill all the legal duties associated with that right. The word “Co-Trustee” means there are two people serving together as Trustees. They may have to do everything together or... View More

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2 Answers | Asked in Tax Law and Real Estate Law for Illinois on
Q: If my property was sold in Illinois for back property taxes, can I ask for an extension?

My mother passed away in 2019. My grandmother had life insurance policy on her and agreed to pay the next three years of property taxes in Madison county Illinois. Well apparently she didn't, and I was served a certified letter about losing my home and property... Can I ask for an extension?... View More

Robert Shipley
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Robert Shipley
answered on Oct 13, 2024

There is a redemption period for unpaid real estate taxes. Below is from the county clerk website from Madison County:

Contact us

Madison County Clerk

P.O. Box 218

Edwardsville, IL 62025

Call: 618 692-6290

Fax: 618-692 8903

Hours: 8:30 a.m. -...
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2 Answers | Asked in Real Estate Law and Tax Law for Minnesota on
Q: How little can I sell my adjacent lot (40 k value ) for without braking any rules?

I want to give this lot to my son-in-law so he can construct a storage building. He does not wish to build on my land, as family dynamics could change.

Robert Kane
Robert Kane
answered on Oct 21, 2024

There are certainly formalities with an real property transaction. Once you sell the property to your son-in-law or anyone else you obligation is over. There may be complications if daughter divorces him someday, but that would be between them from a legal standpoint. You may to consult with an... View More

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2 Answers | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Texas on
Q: I am in ownership with a house and land with two other family members passed down from my father.

The taxes are delinquent from the youngest child living there for 13 yrs. I am the only one who has interest in the property. The current residence doesn't want to relocate until the time of auction. Please help to keep my father's home

James Clifton
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James Clifton
answered on Sep 30, 2024

If you would like to keep the property, you will need to make arrangements to buy out your two other siblings interest in the property. Once you have done that, you can force the sibling living there to leave. You will then solely be responsible for the payment of taxes, maintenance, upkeep, etc.... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Rhode Island on
Q: Can I name 3 people on my life estate

Im drawing up a life estate deed and want to name biological son, step-son and there mother whom I was never married to. I want my son and his mom to live in the home’ for life’. My step-son owns his own home but don’t want to leave him out..Will that be an investment property to my step-son... View More

Nina Whitehurst
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answered on Sep 25, 2024

Your intentions are unclear. Do you want to grant a life estate to your son and his mother for their joint lives, remainder to you? (So you move out while they are alive and then move back in when they die.) Or do you want to convey the property to them, reserving a life estate to yourself? (You... View More

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2 Answers | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: In Puerto Rico, what is the legal citation or statute(s) that provided for a “step up” in a home’s value for the heirs.

Mother passed away June 2024. Father passed 10 years earlier. 4 children set to inherit and are having home appraised.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 20, 2024

For a person that died prior to January 1, 2018, the value of the deceased's participation in any real estate property reported in the estate tax return filed for that person is valued at fair market value, typically submitted along with an appraisal of the real estate's value at the time... View More

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3 Answers | Asked in Bankruptcy and Tax Law for California on
Q: I have $330k CDTFA tax debt on failed during COVID S Corp. Am I personally responsible?

My wife and I were 25% each and my sister 50% owner's and officer's. Couldn't afford business BK, filed personal CH 7. CDTFA is liening my home for the debt.

Jorge Alesna Jr.
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answered on Sep 19, 2024

You can be held liable for the tax debt, and it appears that the CDTFA may have already made a dual determination if they placed a lien on your house.

A dual determination holds a person liable for a tax obligation shared with another, here, the corporation.

Under Revenue and...
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