Smilie Gregg Rogers’s Answers

Smilie Gregg Rogers

York Estate Planning Attorney.

Contributor Level 9
  1. Is a promissory note legal if it is not signed by nor does it list the name anywhere of a person who loaned the money?

    Answered almost 5 years ago.

    1. Smilie Gregg Rogers
    2. James S. Tupitza
    3. Andrew Daniel Myers
    3 lawyer answers

    More information would be helpful to determine your possible defenses, such as: 1) Have you been paying the note? 2) How much have you paid? 3) To whom is the note payable? You indicated that you signed a piece of paper saying you would pay him back but then indicate that the note does not bear his name. It sounds as though the holder of the note may be your mother, not your grandfather? 4) Has your mother forgiven the note if she is the holder? 5) Have you provided your mother (...

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  2. Amending 2009 tax return - filing jointly

    Answered almost 5 years ago.

    1. Smilie Gregg Rogers
    2. Ayuban Antonio Tomas
    3. Mark L Rosenberg
    4. Henry Daniel Lively
    4 lawyer answers

    As indicated, you can still amend your 2009 filings. Indeed, if you were married you are required to either file married, filing jointly or married, filing separately. You might find IRS Pulbication 501 helpful. You should amend as soon as possible in case you have incurred penalies and/or interest. For purpose of amending, you might hire a CPA or, if your taxes are simple, use a bookkeeper. You might also use a commerical service, such as H&R block or a program such as turbo tax....

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  3. How do I found lawyer PRO BONO for civil case.

    Answered over 2 years ago.

    1. Inga L Stevens
    2. Smilie Gregg Rogers
    2 lawyer answers

    Depending on your age and your income, you might also consider contacting Maine Legal Services for the Elderly (http://mainelse.org) in addition to VLP mentioned earlier. Another possbility is Pine Tree Legal (http://www.ptla.org). The information contained in this communication, including any attachments, is NOT privileged NOR is it confidential. It is NOT intended for any particular individual or entity, no attorney client relationship is intended or shall be inferred from this...

    1 lawyer agreed with this answer

  4. How should we handle a false accusation of sexual child abuse?

    Answered almost 5 years ago.

    1. Smilie Gregg Rogers
    2. Michael L Rich
    2 lawyer answers

    I agree witht the previous post - retain an attorney and stop posting. You are too far north for me to suggest a referral but you might consider the Maine Bar's lawyer referral service. http://www.mainebar.org/lawyer_need.asp.

    2 people marked this answer as helpful

  5. What should I do?

    Answered over 4 years ago.

    1. Smilie Gregg Rogers
    1 lawyer answer

    Your grandmother should consult a litigation attorney in this matter. There are various potential claims raise by your facts: breach of contract; interference with a property right; trespass; and criminal threatening.

    1 person marked this answer as helpful

  6. Do I need to go through probate if my deceased husband did not have a will and he was part owner on a home with his siblings....

    Answered over 4 years ago.

    1. Smilie Gregg Rogers
    2. Steven J. Fromm
    2 lawyer answers

    As indicated above, if a person dies with (or without) a Will and at the time of death owned property in his or her sole name (not jointly, nor in a trust), then to transfer title of the property the estate of the decedent has to be probated. In your case, the applicable process is intestate (without a will) administration, and the appointment your are seeking is that of the administrator (in Maine the nonmenclaure used is Personal Representative). In addition to the probate filing, you...

    1 person marked this answer as helpful

  7. My roommate dose not what to pay half here rent. and pack here stuff and left we have a one year lease.

    Answered almost 5 years ago.

    1. Smilie Gregg Rogers
    1 lawyer answer

    Although you do not state a question, I suppose your question would be - what can I do and what are my rights and liabilities? First off, I assume you both signed the lease in question As you probably know, you are on the hook for the entire rent if your roommate skips out. While he or she will also continue to be responsible for his or her share of the rent, if he or she moves out of state, you may find that the landlord will look entirely to you. To solve this you might find a new...

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  8. Estate tax/capital gains 2010: If I inherit a house in 2010, will I have to pay capital gains tax when it is sold?

    Answered almost 5 years ago.

    1. Brian E Barreira
    2. John L Roberts
    3. Smilie Gregg Rogers
    3 lawyer answers

    As I understand the facts, (life tenant (LT) has a life estate, which upon LT's death passes outright to R1 (deceased) and if not then surviving to R2 (you). However, it is not clear to me from the facts you presented who created the life estate enjoyed by the life tenant. Since LT is still alive, R1's interest never vested, being contingent on R1's survival of LT. As a result, I do not believe the value of the property would be includable in R1's estate (for probate nor for federal estate...

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  9. Does an Irrevocable Trust with only notional income (less than $50 pa) need to file a tax return to the IRS

    Answered almost 5 years ago.

    1. Smilie Gregg Rogers
    2. Charles Edward Mcwilliams Jr.
    3. Henry Daniel Lively
    3 lawyer answers

    A "simple trust", that is a trust that distributes all income has a filing threshold of $300. A "complex trust", a trust that is not a simple trust (i.e., permits income to be accumulated, income is in fact accumulated) has a filing threshold of $100. See http://www.irs.gov/pub/irs-pdf/i1041.pdf for general filing instructions. However, it is possible that the trust you are dealing with, though irrevocable, is a grantor trust, which would require the income to be paid by the person treated...

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  10. What are the tax implications of having two residences in different states (Florida and Virginia)?

    Answered about 3 years ago.

    1. Smilie Gregg Rogers
    1 lawyer answer

    Yes - you can a primary home (where you are legally domiciled and pay income taxes) but also have a vacation home in another state, such as Virginia. Make sure you understand the residency taxation rules applicable in Virginia to avoid unintentionally becoming a Virginia income tax payer. In this regard, I recommend you contact an accountant in Virginia on this point. You may also want to consider trying to avoid an ancillary probate in Virginia by placing your Virginia vacation rental in a...

    2 lawyers agreed with this answer