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Tax Law Questions & Answers
2 Answers | Asked in Estate Planning, Probate and Tax Law for Michigan on
Q: My father passed away at the end of May of this year. He was retired, so received Social Security and a small pension.

Will I need to file income tax on his SS and pension earnings or will this be taken care of in Probate? Thank you.

Nina Whitehurst
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Nina Whitehurst
answered on Jul 8, 2022

Most probate attorneys do not include tax compliance as part of the engagement, but some do. The bottom line is you should discuss this with your probate attorney so that you have clarity regarding who is going to take care of that.

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1 Answer | Asked in Estate Planning and Tax Law for New York on
Q: What say does a beneficiary (me) have concerning how cash assets are distributed? Executor chose, not the deceased.

We are in NY State. Brother (executor) wants to distribute over 4 years (tax reasons): I prefer lump sum or 2 years. Can the cash be distributed in different ways to different beneficiaries? If not, does this require a legal intervention?

David Ostrove
David Ostrove
answered on Jun 30, 2022

The trust language controls. The Trustee must administer the trust strictly in accordance with the Settlor's intentions.

2 Answers | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: What kind of lawyer do I need? And what are the charges?

I’m a Malaysian. Bought a land with LLC years old in Fort Myers. The land was put into an auction . Received a surplus check. But could not claim it due to it is in LLC .

I need someone to help me in claiming the surplus. What kind of lawyer do I look for . And how much is the charges?... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 29, 2022

You may be able to reinstate the LLC by paying the required amount to the Department of Corporations. If that's possible and the LLC is once again active, you may be able to negotiate the check. Checks have an expiration date, so you don't want to wait too long.

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1 Answer | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: I’m from Malaysia , years ago I bought a land with LLC, tax wasn’t pay , company not active.

Then the land was put into auction I think. Now they gave me a surplus disbursement check . I cannot claim it directly with my name ,on my country. How can I claim the money. I was planing to open another LLC same name but my country don’t have LLC. They have LLP or BHD . Or Can I hire a lawyer... Read more »

Jane Kim
Jane Kim
answered on Jun 29, 2022

A lawyer cannot "claim" it for you, but can help you navigate this transaction. I recommend contacting the county or whomever issued you the check to re-issue it to you individually in your name. If that does not work, you may need a lawyer to figure out next steps.

2 Answers | Asked in Land Use & Zoning and Tax Law for Ohio on
Q: Just took a walk on my property (OH). My neighbor chopped down a bunch of my trees and destroyed the boundary line fence
Joseph Jaap
Joseph Jaap
answered on Jun 25, 2022

Take photos, get a surveyor to mark the boundary, get an arborist to determine the value of trees lost and cost of replacement, and cost to replace fence. Contact your insurance agent, ask your neighbor to pay your monetary damages, and use the Find a Lawyer tab to retain a local attorney to... Read more »

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2 Answers | Asked in Estate Planning and Tax Law for California on
Q: Changing the asset of a QPRT.

I placed my residence in Virginia into a QPRT two years ago splitting it between my two children. My son has since become disabled. I bought a house for me and my husband in California this month and am currently in the process of selling my house in Virginia under the QPRT. I want to buy another... Read more »

Julie King
Julie King
answered on Jun 20, 2022

Qualified Personal Residence Trusts (QPRTs) are irrevocable trusts, which means they are not easily changeable or dissolvable. Whether or not your QPRT can be modified will depend on the language in your particular document. There is something called "decanting" that might be used to... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Tax Law for Florida on
Q: My husband has inherited a house in Tennessee. We have a question about inheritence tax.

The deed to the house is in just my husband and his step-dads name. However there are 4 more siblings. The step dads will states that the house is to be sold and split 5 ways. Will my husband be soley responsible for any taxes due or fees since he is the only one on the deed?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 17, 2022

It appears that you husband and his step-father each have half interest in the property. So what do you mean when you indicate that your husband is the "only one on the deed"; has the step-father died? If the will is admitted to probate, one would expect that the step-father's half... Read more »

2 Answers | Asked in Bankruptcy, Tax Law and Business Law for California on
Q: Need help to dissolve S Corp due to pandemic- Can someone help?

Fitness company- Officers are myself and husband. Devastated by pandemic and not able to recover. There’s unfiled back taxes and a recent $110k judgement from a defaulted business loan with me only as the personal guarantor. I hired a firm several months ago to help negotiate a settlement but... Read more »

Harlene Miller
Harlene Miller
answered on Jun 16, 2022

There are many issues you mention that far exceed what can be discussed on this site. I urge you to consult with an experienced bankruptcy attorney with broad experience: including creditor representation in order to explain the impact of a potential bankruptcy on the creditors and how they might... Read more »

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2 Answers | Asked in Bankruptcy and Tax Law for Texas on
Q: I have a tax lien filed against me. I have no real property to attach. I owe another $39k I bills including g my car.

Our income is $4300 per month. Our expenses..credit cards, rent etc, car and life insurance is over $5k. Then everyday expensle, like food, gas, utilities. Would bankruptcy help me?

To.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 12, 2022

If you have filed tax returns in prior years, for those unpaid income taxes, then yes, a bankruptcy can help you. Unpaid income taxes, for returns filed more than two years and four months prior to the date of bankruptcy, are dischargeable, along with the interest and penalties accruing.... Read more »

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1 Answer | Asked in Tax Law for Oklahoma on
Q: What is the Oklahoma Statute that exempts gains from the sale of out-of-state real property from Oklahoma taxation?

Oklahoma 2021 tax return Form 511 instructions states:

"An Oklahoma resident individual is taxed on all income reported on the federal return, except...the gains/losses from the sales or exchange of real property in another state."

What is the specific Oklahoma Statute that addresses this?

Charles Watts
Charles Watts
answered on Jun 5, 2022

When dealing with taxes I encourage you to contact a tax law attorney- however if you still desire the information you may start looking at 68 O.S. § 2358 (OSCN 2022)

2 Answers | Asked in Cannabis & Marijuana Law, Tax Law and Real Estate Law for Illinois on
Q: Not allowing a w2 earning cannabis employee to use a fed. Grant is taxation without representation, correct?

I've been trying to recieve a federal grant/loan for buying a home. Down payment assistance is something my family needed, so we decided to try a USDA or FHA loan. We have been told by multiple loan officers that because of my place of employment, I cannot recieve these funds. I pay federal... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jun 3, 2022

No. Taxation without representation means that a group of people has a tax imposed on them by a government in which they had no right to elect a representative (such as a member of the Illinois House of Representatives, a state senator, a Congressman or US Senator) who could participate on behalf... Read more »

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1 Answer | Asked in Tax Law, Business Formation and Business Law for New York on
Q: Can I create a NY LLC with an out of state LLC as the single member?

I own a single member LLC in Wyoming but now live in New York. I’d like to create a newer NY LLC subsidiary with the out of state LLC as the parent company. Is this allowed?

Michael David Siegel
Michael David Siegel
answered on Jun 2, 2022

Yes.

2 Answers | Asked in Criminal Law and Tax Law for New Jersey on
Q: Potential outcome for breaking & entering by breaking a door, simple assault on adult, breaking TRO, IRS tax fraud

I am looking for information on the potential outcome for the above. There was harm done to a child and involvement of DCPP, the assault done to the child has not been established in court due to postponement. I am curious about this outcome as it will severely affect parental time and the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 30, 2022

Jail time certainly looks like it is almost certain for the above offender as this person has multiple charges that could lead to that. That being said everything depends on the facts of the case and how good of a lawyer the defendant hires and lastly never under estimate luck.

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1 Answer | Asked in Divorce, Estate Planning and Tax Law for Arizona on
Q: Can a Trust decide its distributions aren’t community property even when taxed as non passive K1 income & filed jointly?

In the case of divorce - Trust 1, which has a clause that names the beneficiary as spouse A & states distributions are not community property, owns an S corp (an LLC). The S corp paid distributions to spouse A, which were claimed jointly as non passive income in a community property state (AZ).... Read more »

Ilene L McCauley
Ilene L McCauley
answered on May 25, 2022

Unfortunately, you are asking a very difficult question. The answers hinge on the documents currently in place as well as the status of the divorce. The attorney will need to see if there is premarital agreement in place. If so, that agreement may control. We also need to look at the S... Read more »

1 Answer | Asked in Estate Planning, Family Law and Tax Law for Pennsylvania on
Q: If there is unclaimed death benefits from my grandparents who died 28 years ago is it hard to claim

I am the only child of their only child and they have no siblings left alive. My father who was their only child died 20 years ago. They had no will.

Mark Scoblionko
Mark Scoblionko
answered on May 19, 2022

Your question is not specific enough to answer. What are “death benefits?” Is this life insurance, real estate, etc.?

As a general proposition, a portion of estate assets would ordinarily go from one grandparent to the other and a portion would have gone to your dad, unless your...
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1 Answer | Asked in Foreclosure and Tax Law for Michigan on
Q: Did court rule retroactive 2020

I want to claim leftover proceeds from 2017 tax auction. I owed $1,500 selling price was $29,000

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

I'm not sure you have a claim after so much time has passed, or if it would be financially worth it for you to pursue. Generally, when houses are foreclosed and auctioned, the taxes get paid and the bank or mortgage company get what they get. Sometimes they win big; sometimes not.

5 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Q: Can I file bankruptcy for all my credit cards 2 loans medical bills and back taxes
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 16, 2022

When you file for bankruptcy relief, you must sign several bankruptcy Schedules showing ALL your estates and ALL your debts, and swear to their accuracy. You cannot leave anything out.

Credit card and medical bill debts are generally unsecured, i.e., there is no collateral securing...
Read more »

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2 Answers | Asked in Bankruptcy and Tax Law for North Carolina on
Q: In nc I owe state taxes and federal taxes back from 2016 & 2017 can I file bankruptcy for these back taxes and all my db
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 16, 2022

Certain types of taxes are dischargeable in bankruptcy, IF you have filed a tax return showing those taxes as due longer than two years and four months prior to the date you file for bankruptcy relief.

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1 Answer | Asked in Employment Law and Tax Law for Oregon on
Q: employer payed me under the table for three years even though i asked to be on payroll.

i want to know what my rights are, and if irs can come after me for not paying income tax?

TeAnna Rice
TeAnna Rice
answered on May 13, 2022

Yes - the IRS can "come after" you for not paying payroll tax. When you are paid under the table, it is your duty to make sure you are still reporting those earnings as income. The IRS and other agencies that receive your payroll taxes can also go after your employer for not deducting... Read more »

1 Answer | Asked in Immigration Law and Tax Law for Michigan on
Q: What is my legal address between moving?

I'm planning to move across country coast to coast, and plan to drive. It's going to be a few days of driving. Assuming I:

Move between 05-09/August

Started a lease on an apartment in new location, 01/August

Ended my lease in old location, end of August

For... Read more »

Brent T. Geers
Brent T. Geers
answered on May 11, 2022

You should consult an immigration lawyer for specifics on any nuances you may be subject to - particularly whether you need to declare a new location before moving. But generally, residency is prospective and intentional, determined by the place you intend to reside going forward. You have a lease,... Read more »

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