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3 Answers | Asked in Bankruptcy, Real Estate Law, Tax Law and Probate for South Carolina on
Q: How to find out if I'm a trustee or trust
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 16, 2025

The Trust document itself names/designates/controls the identity of both the trustee(s) and the successor trustee(s).

Successor trustees are named in the event that the named trustee is unable or refuses to serve.

As you have probably surmised, being designated as a trustee comes...
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2 Answers | Asked in Immigration Law and Tax Law for Illinois on
Q: F1 Student Married to US Citizen – Filing Taxes Jointly or Separately?

I'm an international student on an F1 visa, and I married a US citizen last year. I only have a graduate fellowship that covers tuition and provides a monthly stipend. My husband is employed. I have not applied for a green card yet. Should we file taxes jointly or separately?

Agnes Jury
Agnes Jury
answered on Jan 16, 2025

There are some circumstances that allow a married person to file taxes as Head of Household (HOH) but from an immigration perspective it is best to file taxes as "married". Similarly, filing taxes as Married Filing Separately (MFS) can sometimes be beneficial or necessary for tax... View More

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2 Answers | Asked in Tax Law and Business Law for California on
Q: I owe $3k to FTB. not working, cant pay or make payments. s corp for real estate commissions only. single person scorp

scorp has been suspended. I want to completely terminate the scorp, but all fees must be paid to do this. FTB is threatening legal action against the s corp. what happens if they proceed? am I personally liable in any way? I only own a couple cheap cars. no real estate. no $ in bank. all credit... View More

Pavel Kolmogorov
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Pavel Kolmogorov pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

The S corp is a separate legal entity, so its debts typically belong to the corporation. Since your S corp is suspended and likely has minimal to no assets, FTB might find it challenging to collect on the debt through typical means. However, legal actions can complicate the process of formally... View More

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4 Answers | Asked in Family Law, Tax Law, Business Law and Child Support for Florida on
Q: If the father of a child has his own small business (LLC), does his monthly business expenses count toward his income?

Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 3, 2025

Your question is a little complicated but the short answer is yes, anything that reduces his normal living expenses counts as income, regardless of whether he writes it off as a business expense. Speak with a local family lawyer for more specific advice.

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4 Answers | Asked in Family Law, Tax Law, Business Law and Child Support for Florida on
Q: If the father of a child has his own small business (LLC), does his monthly business expenses count toward his income?

Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?

Erik A. Perez
Erik A. Perez
answered on Jan 3, 2025

This is a good question to also ask your accountant. The answer may depend also on whether the LLC is taxed as an S-corporation. Generally, if the LLC is an S-corporation (many are), the owners will be taxed according to the salary that is paid and any distributions. The expenses of the company may... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Florida on
Q: The house and property I have lived in for15 years has 3 years delinquent taxes. It's in my dad's name and he paid taxes

Never asked me to pay taxes. He is now in assisted living and doesn't have access to bank accounts. The property is going to be sold on Jan. 13, 2025,unless the taxes are paid. Just found this out.

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 2, 2025

It is important that the taxes be paid before the date of the tax sale. Check the tax collector's website to see all the instructions for paying the taxes so close to a tax sale deadline. Anyone can pay the taxes, so it is okay for you to be the one to pay them. Typically, where there is... View More

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2 Answers | Asked in Tax Law, Consumer Law and Contracts for Washington on
Q: Can a car dealership demand more money after purchasing a car due to “tax miscalculations”?

Hi! I live in Washington state. I bought and shipped a car from Illinois, and they correctly charged me the Washington state taxes and fees for the car. I financed the car, which out the door cost $37.7k before any down payment. Now, about 2 weeks after buying the car, the dealership called me to... View More

Merry A Kogut
Merry A Kogut
answered on Dec 23, 2024

This situation raises important questions about contract law and your rights as a consumer in Washington State. Here’s an analysis:

Key Legal Considerations

Binding Contract:

The purchase agreement you signed with the dealership is a legally binding contract. It should...
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1 Answer | Asked in Tax Law, Business Formation and Business Law for Texas on
Q: Can I use an LLC I started for photography to publish a book that's not about photography?

Are there any legal or tax implications I should be aware of if I use my existing photography-focused LLC to publish a non-photography related book, and do I need to update my LLC’s operating agreement or business filings to reflect this new activity?

Jeff Trevillion Jr.
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Jeff Trevillion Jr.
answered on Dec 23, 2024

Generally, a limited liability company (LLC) or other business entities may conduct any lawful business, unless the type of business operations were restricted at the time of formation with the secretary of state. Normally, broad and generalized language is used when forming a business entity... View More

2 Answers | Asked in Tax Law and Real Estate Law for Georgia on
Q: Is the land office allowed to sell property for taxes owed without a deed?

Also can the land office tax you for a house on open property and change status of farm to residence without your approval?

James Clifton
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James Clifton
answered on Dec 23, 2024

Yes, the tax commissioner can sell the property for past due taxes. If the sale has occurred, you still may be able to redeem the property by paying the past due amount plus interest, fees, etc. You may also be able to recover money from the tax sale. If a house was built on the property, the... View More

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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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Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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