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Lorraine Smith’s Answers

3 total

  • Is there a statute of limitations on local taxes from 14 years ago?

    Received certified letter from company saying I owe Blawnox local taxes and Fox Cahpel HS school taxes from 1998 and 1999! The interest and penalties are 5 times the original amount it says I owed. I don't remeber and I don't have any records th...

    Lorraine’s Answer

    Depends on whether you actually filed a return for those years, and when. If not, it's likely that the statute keeps running. But this sort of thing is negotiable with the right attorney.

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  • PA. Is estate entitled to rent and utilities from other sibling?

    Mother died in May. Will stated all assets sold and divided by 6 siblings.Younger sibling refused to leave the house.He had lived (sponged off mother) for 12 years. Was served eviction papers and still did not leave. After 6 months, purchased hou...

    Lorraine’s Answer

    Well, I am curious about your relationship with the estate attorney. He or she is representing your interests in attempting to regroup these expenses. Do you question the advice of your attorney on this point? Your relative was essentially a tenant in the house until such time as he bought it, and a tenant normally pays their own utilities unless there is an agreement to the contrary. So it sounds like a claim I'd press if I were the estate attorney.

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  • My uncle is executor.can .he is holding all monies from property sold to wait for some work on another property .

    Can he do this? The work to have tanks removed cost 45 k..we have over 200k in the account. This is def a power trip but I don't understand why he has the right to hold onto it when the will clearly States all property must be liquidated and monie...

    Lorraine’s Answer

    There may be other unpaid expenses, past and future out there. Giving out money to the beneficiaries before the estate is settled is formally known as an "at-risk" distribution, and could cause the executor to incur personal liability if not all claims and expenses can ultimately be paid as a result of the premature distributions, Consider retaining counsel to discuss with your uncle and/or his counsel about the possibility or feasibility of a small, partial distribution.

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