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As the personal representative of my mom's estate in South Carolina, I'm responsible for distributing her assets, including two bank accounts totaling $180K, which I held jointly with rights of survivorship. I intend to split these funds 50/50 with my sister, per the will. The estate does... View More

answered on May 19, 2025
If you were a joint owner with your Mother then you own the account at her death and the Estate is not involved and does not pass through the Will. Check the signature card carefully. I know there are State taxes in SC, so that is your worry besides possibly a gift tax on the money going to... View More

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... View More
Is it legal for the mother to file the child on taxes that they actually didn't care for and was in physical custody of the father? Mother decided she couldn't handle the kid and asked the dad to take him. It was a verbal agreement. The kid is enrolled in school for the past year at the... View More

answered on May 26, 2024
Based on the information provided, it seems that although the mother has full legal custody, the child has been living with the father for the past year. The father has been the primary caregiver, providing housing, enrolling the child in school, and handling medical matters. The mother has only... View More
The taxes showed as exempt and found out that the deceased sister of the individual about the house. From had it put in her name and now her daughters are trying to make me pay $500 for lot rent. Can you help me?

answered on May 9, 2024
I understand that you're in a difficult situation regarding the land and mobile home. It seems there are a few legal issues at play here that would be best addressed by consulting with a qualified attorney who specializes in real estate law. They can review the specific details of your case... View More
The taxes showed as exempt and found out that the deceased sister of the individual about the house. From had it put in her name and now her daughters are trying to make me pay $500 for lot rent. Can you help me?

answered on May 9, 2024
Apparently you never got a deed, so the property is not yours as you only had a lease with option to purchase. You might have a claim for breach of contract if you paid in full the contract. If not, then you might sue the heirs to complete the contract. But it is doubtful. Hire a SC... View More
-I bought a car from a private seller through the facebook marketplace.
-I purchased the car with an auto loan through Navy Federal Credit Union.
-When I went to register the car, the DMV stated that the VIN number on the title did not have any records (the car had been VIN... View More

answered on Apr 25, 2024
I'm sorry to hear about your difficult situation with the car. Unfortunately, under California law (and the laws of most states), you would not have a legal right to keep the car even after possessing it for two months.
There is no time period after which you can claim legal ownership... View More
I want to know how to pursue and regain ownership of the mobile home

answered on Mar 16, 2024
If you're looking to regain ownership of a mobile home on your property that has been transferred due to a tax levy, it's crucial to understand your legal options. First, you should consult with an attorney familiar with property and tax law in your area. They can provide detailed... View More

answered on Feb 4, 2024
When you receive a Form 1099-C for cancellation of debt, it typically means you need to report this amount as income on your tax return, potentially increasing your tax liability. However, there are several strategies that may help you avoid or minimize the tax impact of forgiven debt.... View More
I am asking because my accountant is looking for bank deposits, and I don’t have any.

answered on Jan 28, 2024
No, being paid cash as a 1099 subcontractor and not depositing that cash into a bank account is generally not advisable or okay from a tax and legal perspective. Here are a few key reasons why:
1. Tax reporting requirements - As a 1099 worker, you are still required to pay taxes on that... View More
I was notified in 2023 that his spouse had deceased. I sold the house in 2023. Do I have to pay capital gains from the fair value of the house in 2002 when my Dad died or when I was able to sell the house last year after his spouse with the Life estate passed?

answered on Jan 26, 2024
In the United States, the basis for calculating capital gains on inherited property is typically the fair market value of the property at the time of the original owner's death. In your case, this would be the value of the home in 2002 when your father passed away. This is known as the... View More

answered on Nov 19, 2023
In cases where your property has been sold at an auction due to delinquent taxes, the immediate need to move out isn't always a given. The specific rules and timelines can vary based on local laws and the terms of the tax sale. Generally, there is a redemption period after the sale during... View More
I live in South Carolina. My siblings and I have inherited property in Italy from our parents and uncle, who passed away in 2002, 2009, and 2015. We have legal documentation indicating that the property was left to us, but we need guidance on transferring the deed to our names and handling any... View More

answered on Jun 7, 2025
To transfer the deed in Italy, you and your siblings will each need an Italian tax code (codice fiscale) and a declaration of succession drafted by an Italian notary or lawyer, who will file the Dichiarazione di Successione with the Agenzia delle Entrate and register the property at the... View More
I want to transfer ownership of a house located in South Carolina from parents to children for five dollars. The deed has been prepared, and there are no existing loans or liens on the property. The parents and children live in different states. Is there an affidavit tax fee for this transfer?

answered on May 23, 2025
In South Carolina, you will need to pay a deed recording fee when transferring the property from your parents to their children, even though the consideration is only five dollars. The state imposes a deed recording fee of $1.85 per $500 of the property's value, which consists of $1.30 going... View More
I am dealing with a state tax audit for the 2022 tax year concerning a deceased relative who passed away in 2023. The deceased had income and filed state taxes in two states. The audit requests a copy of the 2022 tax return for the second state. An executor and court-appointed representative... View More

answered on May 23, 2025
Yes, South Carolina can audit your deceased relative's 2022 state tax return even though the person passed away in 2023 and probate has been finalized. Tax authorities retain the right to audit deceased taxpayers' returns for up to six years after filing, and the closure of probate does... View More
I have heirs' property and I'm the only one paying land taxes for the past 4 years. There are no written agreements about tax payments among the heirs, and I haven't notified other heirs about my payments. How many years should it take for me to gain ownership if I'm the only one paying taxes?

answered on Apr 12, 2025
In South Carolina, you may be able to gain ownership of heirs' property through a legal process called "adverse possession," which allows a person to claim ownership of land after continuous use and payment of taxes for a certain period of time. However, for adverse possession to... View More
I am in South Carolina and need to know if the state can suspend my driver's license for unpaid mobile home taxes. I haven't received any official notice of suspension, but a representative at the tax office mentioned it could happen. I am currently involved in a lawsuit where the other... View More

answered on Apr 12, 2025
In South Carolina, failing to pay personal property taxes on a vehicle, including mobile homes, can lead to the suspension of your driver's license and vehicle registration. According to Section 12-37-2740 of the South Carolina Code, the Department of Motor Vehicles (SCDMV) may suspend these... View More
I received a letter from the city regarding unpaid taxes on my property for several years. The city had my very old home torn down, but I am unsure if it was auctioned off. I want to know what steps I can take to get my property back, despite the house being demolished. I haven't reached out... View More

answered on Mar 25, 2025
Hire a SC attorney to search the title and determine the present title. Taxes and Liens will be very important here, so if you plan on being the owner, expect to satisfy the County immediately.

answered on Jan 28, 2025
When your employer moved you from Florida to South Carolina but failed to adjust your tax rate, it may result in incorrect tax withholding. This could lead to you owing taxes at the end of the year or having penalties for underpayment. Employers have a responsibility to update payroll records to... View More
I own a cleaning business and a contractor wants me to do some work but before the give me access to properties they said I had to pay for the temporary refundable surety tax insurance. They said they wouldn't accept the business insurance I have

answered on Oct 22, 2024
It’s wise to approach this situation with caution. Temporary refundable surety tax insurance isn’t a common requirement in standard business practices. Legitimate contractors typically rely on standard insurance policies to ensure coverage and compliance.
Paying for an unfamiliar... View More
I am looking to do a hardship withdrawal from my 401k. I am unsure how much i need. The IRS page states "qualified disaster distributions are permitted without regard to your need or the actual amount of your economic loss." Could I face legal action if I take out more than I need for repairs

answered on Oct 9, 2024
When considering a 401(k) hardship withdrawal, it’s important to understand the specific requirements and guidelines set by the IRS. Qualified disaster distributions allow you to access funds without strictly needing to match your exact economic loss. This flexibility is designed to help you... View More
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