Assuming the trust is prepared properly and has requisite homestead language, there is no good reason not to place the home in the Trust. If your home is not in the trust, your son will still have to open a probate at your death to receive the house. Also, it is not advisable to place someone who is not your spouse on the title to your homestead to avoid probate, since that person is not entitled to homestead on your home, and their creditors could theoretically obtain a lien againt your home....
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You need professional help. This is not a do-it-yourself project. Interview several tax professionals to see if they have handled matters of this magnitude in the past. If possible, get a reference or two that you can contact. I recommend using an attorney, licensed in tax court, because that type of representation may become necessary. The statute of limitations on filing a return NEVER starts to run until you file the return.
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The best way to protect your rights and yours and your husband's wishes is to complete an appropriate estate plan with an attorney who specializes in this area. The rights of children from a previous marriage and spouses in the case where there is no will is state specific. Most states give substantial property rights to children where there is no will. Some states grant the surviving spouse the right to a life estate in the homestead, but again, the best plan is to make an estate plan, and...
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You may wish to have a tax professional prepare your 2007 return and file it in paper form. This should take care of the problem for your 2007 return and accompanying refund, if you are entitled to one. You should also send the IRS copies of any tax returns that they do not have on file, and ask them, in written form, by an accompanying letter, to record these returns are filed. Always deal with the IRS in writing, rather than by telephone. If you do find it necessary to make a phone call,...
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Most likely, if you are not an owner of the LLC (member), you would not have an interest in the property. An LLC is a separate legal entity (like a person), and if it owns the property, you do not. You should consult a Missouri attorney to give you specific guidance about what you should do in this case, perhaps the answer is not to make the transfer. This question involves both marital law and corporate (LLC) law, and you should specifically meet with an attorney who is knowledgeable in...
The IRS' main program for relief from tax, interest, and penalties is the offer in compromise. They generally do not forgive interest upon request or negotiation. It would be worth evaluating your situation with a qualified professional to see if you qualify for the offer in compromise program.