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Loraine M. DiSalvo
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Loraine DiSalvo’s Answers

925 total


  • Can a x spouse sign over property that is not theirs to give away.

    Judge awarded spouse 1 the home along with sole custody of the four kids. Spouse 2 never sign over the property to spouse 1. For over 30 decades spouse 1 has paid the property taxes and the property taxes are in spouse 1 name. Two decades later s...

    Loraine’s Answer

    If Spouse 2's name is on the deed to the property, then there is an open question as to whether spouse 2 can legally transfer title, but if an attempt to do so is made, this just makes a situation that is already a mess into a bigger mess. The parties involved need to consult lawyers; ones that have experience in dealing with title problems.

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  • Does the babysitter stand any ground?

    I hired a babysitter for $50 a day. I asked her to fill out a i9 for taxes and she said I never told her I was taking out taxes and that she's getting a lawyer tomorrow. I assumed she would know it's illegal not to pay taxes but I guess not. Does ...

    Loraine’s Answer

    Unless you had something in writing stating that she would receive $50 in cash without withholding, that would imply you had agreed to pay both your share and her share of the household employee taxes, she likely does not have any claim against you. I hope you have found a new babysitter.

    For future reference, please do have that discussion with anyone you hire. Many people do tend to assume that payments made for this kind of service will be tax-free and unreported, whether they know it's illegal or not. You are correct; they need to be paid and addressed. But you do want to be clear in the future with whoever you hire and then be consistent about how you determine the payments made.

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  • Being sued by my EX! I live in Georgia and divorced in Florida.

    Original decree stated that I owe him half of an IRA. Modification does not address the IRA because we had an oral agreement to forego the IRA because he failed to see my son for two years as originally court ordered. He also only paid half of t...

    Loraine’s Answer

    This isn't an estate planning question, although it came up as one. The Practice area has been edited, so I hope you'll get some answers from attorneys who can be of more help.

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  • Why is the georgia departmen charging me so much

    Hi i ve gotten two letters from collections agencies regarding my 2007 tax year ..the principal due was 2,499.00 wirh an interest of 1,149.54 and penalties of 507.80 why is this much owed for one year and also i never got any letters from them be...

    Loraine’s Answer

    One thing that sticks out for me in your post is that you say that you've been contacted by collection agencies. I don't think the Georgia Department of Revenue would be turning over your tax debts to collection agencies without contacting you themselves first. That makes me think there may be something fraudulent going on. The fact that you also don't seem to know where the numbers are coming from also sounds fishy.

    You need to take the letters to either a very good CPA who works in the tax controversy field or a tax attorney who deals with tax controversies, and see what that CPA or attorney thinks about these letters. You can also contact the Georgia Department of Revenue directly (or better yet, have the CPA or attorney do it for you), and try to find out what is going on. Please don't wait, whatever you do.

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  • What are my options when my brother who is the executor of my moms will says I'm not getting any money for the sale of her home

    10 years ago my mother passed away and in her will it states that her home and property was to be sold and all monies to be divided equally between her children. my brother is the executor of the will. it took until recently for the home to be sol...

    Loraine’s Answer

    Mr. Early is exactly right: you need to seek an accounting as soon as possible. And you need to find an experienced probate attorney to help you with that.

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  • Should I probate my Mom's will in common or solemn I am the only child and she was divorced around 1954

    I understand from my research that solemn looks like the proper way to file and I understand that common has a period of time 4 years in Georgia waiting period there is a house and property left to me. My father died sometime around 1982

    Loraine’s Answer

    Mr. Pittman gave you the right answer: Solemn form probate would be best, without question. I would also recommend that you consult with a good probate attorney. Even if you prepare and file a lot of things yourself, it's still very good to have someone to alert you to pitfalls, make sure you know all of the correct steps to take, and help you take them.

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  • My mother in law was left a car in a will, she wants to give the car to us. Are probate proceedings neccessary?

    My mother in law is executor of will and there is no other property to distribute

    Loraine’s Answer

    If your mother in law is the beneficiary of the car under the Will and this is a Georgia estate, she will need to transfer the car title to herself first and then transfer the title from herself to you. Whether probate proceedings are necessary depends on whether there are any creditors (if so, they have a higher claim to the car than your mother-in-law does) or other assets. If there are no creditors and no other assets for which probate is needed, then your mother-in-law may be able to take the original title, a copy of the Will, and an Affidavit of Inheritance (Form T-20) from the Georgia Department of Revenue to the local tag and title office and transfer the title to herself. If the original title can't be found, then she will have to open the estate and have the title reissued to the estate before she'll be able to even transfer it to herself. She really should consider consulting a probate attorney first to be absolutely sure that probate isn't needed before proceeding.

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  • Can Debt collectors collect a debt if there is no estate, all assets were jointly owned except a small retirement and coke stock

    My mother passed away 2 months ago. A debt collector wants us to pay her solely owned debt. All assets were jointly owned with my father except a small $667 a month retirement and $10,000 coke stock that she was beneficiary of from her parents and...

    Loraine’s Answer

    The retirement account may be protected by state law. However, if the Coca-Cola stock was owned by your mother outside of any tax-deferred retirement account and passed to your father under a "transfer on death" or "payable on death" designation, it may not be creditor protected even though it did not become part of the probate estate at your mother's death. Your father needs to consult a probate attorney as soon as possible to discuss his options.

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  • What can I do about a tax lien on my credit report?

    I have a tax lien on my credit report due to my mortgage company not paying the county taxes. I have gone to the courthouse and printed off everything saying that the bill was paid in full. What do I need to do to correct this on my report?

    Loraine’s Answer

    You have to contact each of the credit bureaus and ask them to include information in your credit file about how the debt arose and how it was handled.

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  • How long do I have to claim this estate ?

    Dad I never knew passed in Feb . Get letter May first saying he wanted to leave his estate to his mother but the papers were not sent in and legalized so it's now mine. It's June sixteenth and I have received no paper work from this lawyer that co...

    Loraine’s Answer

    You should try contacting the probate division of the Circuit Court where your dad lived in Florida and finding out whether anyone has filed any paperwork to open his estate. You should also get a Florida attorney to help you with this if you want to pursue it. The attorney who contacted you should have told you who he represents and what was going on. He may or may not be the attorney representing the person who is trying to control the estate, but you are free to hire your own attorney anyhow. I agree with Mr. Pittman: this whole situation sets off alarm bells. If you want to proceed, do so very carefully.

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