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Alabama Tax Law Questions & Answers
2 Answers | Asked in Bankruptcy and Tax Law for Alabama on
Q: Do I have to give the trustee my tax refund in chapter 13 bankruptcy? Located in Alabama.

Do I have to give the trustee my tax refund in chapter 13 bankruptcy? I called my attorney and spoke to a Lady in the office and she said that the trustee doesn’t take tax refunds anymore. Wasn’t able to speak with my attorney personally.

Lloyd M. Nolan
Lloyd M. Nolan answered on Feb 22, 2021

I do not practice in Alabama, so that question would be dependent on the local bankruptcy rules that govern your case. In the Eastern District of Missouri, where I practice, the local rules require that debtors turn over their tax refunds (over a specific allowable amount) to the Chapter 13... Read more »

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2 Answers | Asked in Bankruptcy and Tax Law for Alabama on
Q: Currently in chapter 13 bankruptcy in the middle district of Alabama, I know we have to report our taxes yearly, but do

They take our tax refund entirely? Or do we get to keep it?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 13, 2021

In a Chapter 13 bankruptcy, while all of your assets, including any expected tax refund, must be disclosed in the Bankruptcy Schedules that must be filed in the case, a debtor retains all his property, unless he chooses to surrender it to a secured creditor, or sell it, as part of the proposed... Read more »

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1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Alabama on
Q: Custody/divorce paper does not include taxes. Now being threatened with jail for claiming 1 of 3 children. Best option?

I pay child support on time and am a full time college student.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

You are not going to jail, nor likely to face consequences. If the order is silent, then you have as much right to claim as the other parent. I would get the order amended by consent if you can agree or the court can do it for you.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Tax Law for Alabama on
Q: Owner of home died owing mortgage for a trailer that sits on my property can I claim it due to it being surveyed wrong

We recently discovered that a mobile home sits on the back corner of our property we found out the owner died owing a mortgage her family informed me that they knew it was on my property due to the survey being done incorrectly but never informed us of the error can the mortgage company be held... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 19, 2020

There is too much missing information to answer your question. You should schedule a personal consultation with an attorney to review the entire situation.

For example, a mobile home is generally considered personal property. In that case, there is nothing to prevent a lender from taking...
Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Alabama on
Q: Can i seize control to my grandfather's house and eventually gain title?

Died 18 yrs ago in Alabama. No will. Estate never probated. Heirs abandoned property 4 yrs ago. Left unpaid taxes

Anthony M. Avery
Anthony M. Avery answered on Jun 4, 2020

This is probably a good property to hire an attorney for. You need a Title Search and an Affidavit of

Heir-ship. You might buy it a Tax Sale (where you definitely need a lawyer to actually get Title) , or get the Heirs-At-Law to Deed it to you

1 Answer | Asked in Tax Law for Alabama on
Q: Will I be charged taxes for Alabama because I moved to Florida and didn’t change my voters registration yet?

It has been two years since I moved.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 11, 2020

No, voter registration and income tax are not related. As long as you have substantial evidence that you moved your residency to FL.

Definitely register to vote in FL.

1 Answer | Asked in Bankruptcy and Tax Law for Alabama on
Q: I filed Chapter 13 Bankruptcy in August 2019, in Mont, Al. Can I keep my fed tax refund?
Timothy Denison
Timothy Denison answered on Feb 29, 2020

If you exempted the tax return on your schedules, you probably can keep it. If you did not, you may have to surrender a portion of it.

1 Answer | Asked in Tax Law for Alabama on
Q: I sold my deceased Father's house on 3/15/19 in Montgomery. This week I was contacted by the Title Company saying that

I owed $177 in property taxes and $288 for interest. Am I required to pay this since the property has a new owner as of 3/15/29 ?

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 20, 2019

What are they going to do if you don't pay it?

1 Answer | Asked in Tax Law for Alabama on
Q: Do I have to allow the father of my child the right to file our daughter on his taxes?

she lives with me all year with the exception he gets her one night a weekend and a few hours during the week. I've agreed to let him claim her every other year but he doesn't agree with that so what are my rights.

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 4, 2019

Just don't sign the 8832. The IRS requires the form for a non-custodial parent to claim a child. The IRS uses different rules than the state to determine custody. If he claims her anyway the IRS will send both of you letters requesting the form and evidence that you are entitled to the... Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: In 2011 and 2012 I earned no money in the state of Alabama. I worked in Nevada both years. Do I owe back taxes?

I relocated to Nevada but did not change my driver's license until 2012. I received a tax bill from the state of Alabama although I did not reside or earn any income in the state. Do I owe them anything:?

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 4, 2019

You're going to have to challenge the assessment and provide evidence of your status. The state is going to take the position you did not properly sever your ties to the state and you'll argue you did.

1 Answer | Asked in Tax Law for Alabama on
Q: Someone bought my mothers home at state sale for 2014 taxs i was served papers letting me know

i had no cule that it was even being sold but now i have all these papers i dont under stand trying to get help with understanding them

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 14, 2019

You should find a local attorney and setup an appointment ASAP if you're interested in paying the tax that was owed and recovering the property. You have a limited period of time to do this. If you can't pay the tax then there's not really anything to do unless the rules regarding... Read more »

1 Answer | Asked in Gov & Administrative Law, Tax Law and Legal Malpractice for Alabama on
Q: I have received a letter from the State of Alabama Dept of Revenuel Notice of Preliminary Assessment for the year 2010.

Received a letter when I filed these taxes that I had filed to late to receive a return. Filed through Liberty tax service who did not file 2013 taxes till 2017. Don't understand what is going on or what to do, Can you help

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 13, 2019

You only have a certain period of time to file a return claiming a refund or else you forfeit the refund. It sounds like you filed a return too late to claim the refund and the state tax department is notifying you of that. There's nothing you can do about the refund. You may have recourse... Read more »

2 Answers | Asked in Tax Law for Alabama on
Q: I pay my taxes , my husband is self employed and has not . Apparently

I have always paid my taxes , my husband is self employed . It turns out he has not in years , finances are separated, so I’m not sure how much he has . We are lower income . I finally secured a a good job with health insurance and he wants to be added to my policy. Which I’m very scared... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jul 31, 2019

If you filed married filing separately then the IRS can only come after joint assets (joint bank accounts, home, stocks, etc.). If your finances are completely separate (including no joint bank accounts) then you should be fine.

If you filed married filing jointly then you are both...
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1 Answer | Asked in Tax Law for Alabama on
Q: My house and land were sold to another person for taxes. The person now holds a tax deed to.the property, do I have any

Means to get my land back?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 24, 2019

If your house and land have been "sold to another person for taxes" you may never get your land back--unless you buy it from the new owner. Had you repaid the amount the lien holder paid to the county--plus all interest accrued before the deed was issued you would not be in this position.... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Alabama on
Q: Taxation after selling a house

Will I be panelized on the sale of a house if I don't put all the money into buying another one? And how long do I have And how long do I have to buy a new one after the sale?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2019

The last time I looked, if the house is your residence, there is no tax unless the house was worth more than $500,000. Before relying on this advice you should check it out with your CPA or tax lawyer.

1 Answer | Asked in Tax Law for Alabama on
Q: I am buying my first home and want to pull money from my IRA to do renovations. Will I have to pay a penalty?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 23, 2019

Withdrawing money early from an IRA to renovate a house does not qualify as an emergency.

1 Answer | Asked in Tax Law for Alabama on
Q: I need help with alabama state taxes. they say I owe $154,000. I live on social sercurity. I need pro bono help.

I was told it needed to be paid in 11 days. Please help

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2019

If the state of Alabama is coming after you for $154,000 in back taxes you must surely have more than sufficient resources to hire a very competent lawyer to help you get out from under the hammer above your head. Stop asking for pro bono help on this open forum. Try searching through the many... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Alabama on
Q: Can my husband and I give our son a house that we own. Do we just sign the deed over to him without tax problems?
Eric Steven Day
Eric Steven Day answered on May 16, 2018

You can sign over your house to your son, however, I would look into doing it in a few ways. If you sign the deed over to your son this can be considered a gift. You as individuals are allowed to give a gift in the amount of $14,000 each to anybody throughout the year tax-free. So you and your... Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: My step daughter has been proposed to by a guy that owes the IRS about ½ a million dollars in back taxes.

What would her liability be if she were to marry him? She has a retirement on her current job. Could they touch it? Or her house? Car? How could she protect her assets from the IRS coming after them to satisfy his tax debt?

Thank you.

Linda Simmons Campbell
Linda Simmons Campbell answered on Apr 23, 2018

Please note, I am answering this question as if your daughter will reside in a state that does not have community property laws. If she does this answer will not apply.

If she did not file a joint return with him, she will not be liable for any of his tax debts. Having said that she...
Read more »

1 Answer | Asked in Real Estate Law, Tax Law, Family Law and Adoption for Alabama on
Q: If my mother was left property but passed before she gained ownership of the property who dose it belong to now?

Property was my grandparents,left to my mother,sold in a tax sale for pass due property taxes while in a lengthy probate case on all property of my grandparents and then she passed before claiming the property who now has the rights to claim the property also she had no will and I was adopted by my... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 25, 2018

I am assuming the property is in Alabama. The right to redeem on the property goes to the person who holds a mortgage on the property or to the person who owned the property at the time the tax sale was held. If that person has died, then the right devolves to the person's heirs at law. You... Read more »

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