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John P Fazzio III
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John Fazzio’s Answers

691 total


  • I want to know how to go about getting power of attorney for my father's medical condition

    this is my second question about power of attorney my name is Dionne Marshall

    John’s Answer

    Your father needs to meet with an attorney. There are various kinds of Powers of Attorney and Medical Directives. An Advance Directive or medical power of attorney is one thing, a Durable Power of Attorney for financial matters is another thing. But, these can be provided to your father by a local attorney specializing in Trusts and Estates and he can speak to your father about his wishes.

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  • This is is trust litigation question. As a beneficiary, I'm about to sue the for mandatory distributions.

    The trustee has told me what arguments he plans to use in his defense; there are several indications that these arguments have no basis in law. He's threatening that litigation could drag out for years at the expense of the trust. 1) How much ...

    John’s Answer

    I agree with Christian. Sue if you feel you are being mistreated, but count the cost of the suit versus the eventual recovery. There are innumerable tactics to drag out a lawsuit. Judges want to get the right answer, not make snap judgments. A plaintiff can prevent delays by coming well armed with facts and presenting them in a clear, crisp way.

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  • What do I do if my boss isn't taking any taxes out of my pay?

    I have been working for him for about 4 months now. He has a home improvements company (a LLC). I haven't filled out a w-4, I-9, or anything like that. He doesn't even have my ssn. I don't want to owe next tax season. I seriously need help with this.

    John’s Answer

    You should fill out the appropriate documents and ask him to withhold. If he refuses this may be a DOL issue.

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  • If I owe back taxes Idaho and I live in Nevada what recourse does Idaho have to collect the taxes? Can they be discharged in BK?

    I owe Idaho roughly $6000. This is from taxes in 2004-2007. Since I live in Nevada can Idaho enforce collection? Also I will most likely have to declare bankruptcy. Will the back taxes be discharged in the bankruptcy?

    John’s Answer

    Back taxes can be discharged in bankruptcy, but you must wait the requisite time. From 2004-2007, you should qualify, but it is generally 3 years from assessment and a number of factors play in to whether they are now subject to discharge. Consult a Tax Attorney in your area who also does bankruptcies.

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  • Home foreclosed last year...left the house, Tax office still shows me as owner and still getting tax bills HELP!

    Mortgage company doesn't answer my questions, can't find company who bought it(even thought i know sale went through) Do i have any recourse? Also getting hit with HOA bills!!

    John’s Answer

    You should try submitting a Qualified Written Request to get documents and find out the status. The HOA issue is of greater concern as those debts are not dischargeable in Bankruptcy.

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  • Treasurer of non-profit sports league (corporation)in Oregon requested financial records from president. Notice given per 65.774

    I am the treasurer of a local sports league - part of a major organization. The president has been handling all the financials without oversight, refusing to turn over records to me, and there was a late deposit of money from a raffle that was jus...

    John’s Answer

    You need a non-profit attorney. This is not primarily a question of what to do about getting these records so much as a larger issue of how to correct these practices and cause oversight. You may want to look at the companies By-Laws for removal procedures and special voting provisions.

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  • Is there anything I can do as a former employee of a company who engaged in not withholding income and payroll taxes or filed I9

    I worked for a company in South Carolina for 6 months. I concluded that I needed to resign because the type of work we were doing at nightclubs was very dangerous being a bouncer. My former employer never withheld income or payroll taxes for me an...

    John’s Answer

    You could file an employment action. You could also contact the Department of Labor and they may file a suit on your behalf. You can receive compensation through either route.

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  • Can my landlord remove out appliances before an auction of a foreclosure if we still live here?

    My landlord has foreclosed on his home. It's being auctioned off on 8/17. For the last 9 months he has made a concession to the rent and allowed us to pay him only $1000 instead of the $2000 bc of the inconvience that this process has caused us. N...

    John’s Answer

    If those items are his property he has a right to remove them, but it may be a violation of the lease.

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  • I have a house that's going into foreclosure that I don't live in, is it possible to get my name off of it?

    My ex wife lives in our house with her boyfriend. She lied about paying the mortgage for months when we were still married. So I moved out when we were getting divorced and now we got a letter from lawyers saying it will be foreclosed. We now owe ...

    John’s Answer

    You cannot get your name off of the loan unless she assumes the mortgage. You most likely will not have to pay back the deficiency, but it depends how things play out. You should consult a Foreclosure Attorney to discuss where things stand.

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  • My mortgage company will file motion for final judgement. How long until I have to vacate the property?

    I already filed for bankruptcy in 2012 and has been resolved by 2013. I live in New Jersey.

    John’s Answer

    You cannot pinpoint how long you will have. You are toward the end, but still may have some time. You should hire a foreclosure attorney to assist you in trying whatever you can to save the property at this stage.

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