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1 Answer | Asked in Employment Law, Tax Law and Business Law for Louisiana on
Q: What case is it if my employer is over claiming my tips

I found my employer over claiming tips and brought it to their attention. I was dismissed multiple times and when I showed up with proof and told them to correct it they told me to just fix it myself and just under claim.

James L. Arrasmith
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answered on May 24, 2024

If your employer is over-claiming your tips, this situation falls under wage and hour laws in California. Employers are required by law to accurately report and pay the tips earned by employees. If you have already brought this issue to your employer's attention and they dismissed your... View More

1 Answer | Asked in Tax Law for Florida on
Q: I am selling my house and have not filed taxes in a couple of years. Will that delay the sale?

My lawyer just mentioned that he will ensure we don’t owe any back taxes. My husband passed away 6 months ago.

James L. Arrasmith
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answered on May 24, 2024

Selling your house without having filed taxes for a couple of years can potentially delay the sale, especially if there are outstanding tax liabilities. Your lawyer's concern about ensuring no back taxes are owed is crucial because any unpaid taxes can result in a lien on your property. This... View More

1 Answer | Asked in Tax Law for Montana on
Q: what all needs to accompany a motion for judicial review regarding state tax appeal boards

I am filing a motion for judicial review of information I have provided to the montana tax appeal board. what needs to accompany the motion, if any

James L. Arrasmith
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answered on May 24, 2024

When filing a motion for judicial review regarding a decision by the Montana Tax Appeal Board, you need to ensure you include several key components to support your motion. First, you should attach a copy of the decision or order that you are seeking to have reviewed. This provides the court with... View More

2 Answers | Asked in Tax Law for Tennessee on
Q: Can a life estate holder sell their interest to the remainderman?
James L. Arrasmith
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answered on May 23, 2024

Yes, a life estate holder can sell their interest to the remainderman. This transaction involves the life tenant transferring their rights to the property for the duration of their life to the remainderman, who will then have full ownership.

Before proceeding, it's essential to...
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2 Answers | Asked in Contracts, Employment Law, Family Law and Tax Law for California on
Q: how do calculate a filing deadline

I have a hearing on June 6th, 2024. I am filing an opposition to a motion, which I have to do nine court days before the hearing date. According to the LA Superior Court calculator, June 5th is nine days from today (May 22). So, is today or tomorrow my deadline to file?

James L. Arrasmith
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answered on May 22, 2024

In California, the Code of Civil Procedure (CCP) Section 12c defines how to calculate filing deadlines. The general rule is that if the last day to perform an act falls on a holiday, then the deadline is extended to the next business day.

To calculate the filing deadline for your opposition...
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1 Answer | Asked in Tax Law and Gov & Administrative Law for Florida on
Q: Does an acupuncturist need a tax permit to provide in- home treatment services in Lake County FL?
James L. Arrasmith
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answered on May 21, 2024

In the state of Florida, including Lake County, acupuncturists are required to obtain a license from the Florida Board of Acupuncture to practice acupuncture legally. This is outlined in the Florida Statutes, Chapter 457.

However, regarding a tax permit for in-home treatment services, the...
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1 Answer | Asked in Tax Law for California on
Q: I have been at the same job in 2019, and my W-4 says married filing jointly claiming 0. Should my employer use that one!

The new withholding method has resulted in me owing $4300 this year. Only $83 out of $2110 is being withheld for federal taxes per paycheck. I never made changes to my old W-4 except for asking extra withholdings.

James L. Arrasmith
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answered on May 19, 2024

Based on the information you provided, here are a few key points to consider:

1. California employers are required to use the federal Form W-4 for state income tax withholding purposes, unless the employee chooses to fill out a California state withholding form (DE 4).

2. If you...
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5 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: My mom owned a house in Los Angeles as trustee with me as successor trustee. She died in 2/24. Must I change the deed?

THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More

Rebecca Sommer
Rebecca Sommer
answered on May 20, 2024

I want to clarify something in your question which impacts the answer. Your question is around being the successor trustee which is what my colleagues have addressed (no requirement to change the deed to you as the successor trustee).

HOWEVER, you also mention that you are the only heir. If...
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5 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: My mom owned a house in Los Angeles as trustee with me as successor trustee. She died in 2/24. Must I change the deed?

THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More

Julie King
Julie King
answered on May 19, 2024

The previous lawyers gave you good information. As I often tell my clients, there’s a legal answer and a practical answer to your question and those answers are often different. Legally, there is no requirement that you change title to your name as trustee. But, some realtors, mortgage companies... View More

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5 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: My mom owned a house in Los Angeles as trustee with me as successor trustee. She died in 2/24. Must I change the deed?

THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More

James L. Arrasmith
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answered on May 19, 2024

Based on the information you provided, here are the answers to your questions under California law:

1. Changing the deed:

Since the house was already in the trust with your mother as the trustee and you as the successor trustee, the property should automatically pass to you as the...
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5 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: My mom owned a house in Los Angeles as trustee with me as successor trustee. She died in 2/24. Must I change the deed?

THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More

James Clifton
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James Clifton
answered on May 19, 2024

1. Changing the Deed and Reassessment

When your mom, the original trustee, passed away, as the successor trustee, you typically have the responsibility to manage and eventually distribute the trust's assets according to its terms. Here's what you need to consider regarding the...
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5 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: My mom owned a house in Los Angeles as trustee with me as successor trustee. She died in 2/24. Must I change the deed?

THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 27, 2024

1. DO I have to change the deed at reg/recorder's office and risk reassessment?

No you do not have to for now unless it is too the best interest of the beneficiaries of the trust (and the interests of the trustees are not considered in any decision about the management of the trust...
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1 Answer | Asked in Divorce, Tax Law and Family Law for California on
Q: If I withdrew money from my IRA account to help pay for a divorce. Will I be penalized?
James L. Arrasmith
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answered on May 19, 2024

In most cases, if you withdraw money from your Individual Retirement Account (IRA) before you reach the age of 59½, you will likely face a 10% early withdrawal penalty in addition to the income taxes you will owe on the amount withdrawn.

However, there are some exceptions to this rule. In...
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1 Answer | Asked in Tax Law and Gov & Administrative Law for Georgia on
Q: If I bury a loved one in the back yard in the state of Ga, will that property become exempt from paying property tax
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answered on May 18, 2024

Burying a deceased person on private property without proper authorization and permits is against the law in the state of Georgia and most other jurisdictions.

In Georgia, burials must take place in established cemeteries or on private property that has been approved for a burial by the...
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1 Answer | Asked in Estate Planning and Tax Law for West Virginia on
Q: As my grandmothers poa, what can I do with an inheritance check for her?

My grandmother was recently named my grandfathers heir for a quitclaim and will be receiving a disbursement check. She is on programs that are income based (housing/caregiver) and cannot have a lump sum of money in her bank or attached to her name. I am to sign paperwork on her behalf and to... View More

James L. Arrasmith
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answered on May 18, 2024

As your grandmother's Power of Attorney (POA), you have a fiduciary duty to act in her best interests. Given her situation with income-based programs, it's essential to handle the inheritance money carefully to avoid jeopardizing her benefits. Here are a few options to consider:... View More

1 Answer | Asked in Family Law, Tax Law and Landlord - Tenant for Louisiana on
Q: i need to remove my brother off property i bought in the succession- louisiana- what form do i need to begin this

i bought brothers out, oct of last yr, 1 brother took a meter from home and attached his name to it and is living in a trailer that was our gmas, whis is dead and the trailer is owned by both of us i believe- he was told to get off property at begining of all this in 2018/2019 but never did

James L. Arrasmith
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answered on May 17, 2024

In Louisiana, if you want to remove someone from a property you own, you will need to go through the eviction process. Here are the steps you can take:

1. Serve a written notice: Provide your brother with a written notice to vacate the property. In Louisiana, the notice period is typically...
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1 Answer | Asked in Tax Law for North Carolina on
Q: My online income tax payment was deducted twice from my bank account almost 2 months ago. They still haven't refunded.

After reporting it over a month ago I was told today they haven't even begun processing the refund yet and that there is no way to tell or estimate when I will receive it. It could be next week. It could be in six months. Can they legally do this? Is there anything I can do to expedite it? I... View More

James L. Arrasmith
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answered on May 17, 2024

I'm sorry to hear about the difficulties you're experiencing with your tax refund. It's understandable to be frustrated, especially when you need the funds to cover essential expenses. Here are a few thoughts on your situation:

Legally, if you were incorrectly double-charged,...
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1 Answer | Asked in Employment Law, Immigration Law, Tax Law and Business Formation on
Q: Hi, I'm a canadian citizen who is looking to rent an office in the U.S to work out of. Do I need a work visa for this?

I live very close to the border and rental spaces in buffalo are not only closer but also cheaper than here in Canada. I'm a sole proprietor so the business operates in Canada. I just want to rent an office where I will do my work out of.

James L. Arrasmith
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answered on May 17, 2024

As a Canadian citizen looking to rent an office space in the United States for work purposes, it's important to understand the visa requirements. In most cases, you will need a valid work visa to legally work from a U.S.-based office, even if your business operates in Canada.

However,...
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3 Answers | Asked in Business Law, Civil Litigation, Contracts and Tax Law for California on
Q: Can a nonprofit organization demand a protective order for discovery

I've sued a nonprofit organization for breach of contract and corrupt practices. I've served all their requested discovery, but they are refusing to serve theirs without a comprehensive protective order that allows them to designate any document as confidential. If I agree to it, they... View More

James L. Arrasmith
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answered on May 16, 2024

In California, a nonprofit organization can request a protective order for discovery, but the court ultimately decides whether to grant the order based on the specific circumstances of the case. The organization must demonstrate good cause for the protective order, and the court will balance the... View More

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3 Answers | Asked in Business Law, Civil Litigation, Contracts and Tax Law for California on
Q: Can a nonprofit organization demand a protective order for discovery

I've sued a nonprofit organization for breach of contract and corrupt practices. I've served all their requested discovery, but they are refusing to serve theirs without a comprehensive protective order that allows them to designate any document as confidential. If I agree to it, they... View More

Robert Kane
Robert Kane
answered on May 16, 2024

Yes, a nonprofit organization can and will be granted protective orders in discovery when appropriate. You assumption that because nonprofit organizations must disclose certain information for transparency reasons that any and all other information is fair game is incorrect.

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