Stuart Warren Cordell’s Answers

Stuart Warren Cordell

Ashtabula Business Attorney.

Contributor Level 8
  1. State of ohio trying to colllect back taxes from 1988 and 1989,what are the statue of limtations?

    Answered about 6 years ago.

    1. Stuart Warren Cordell
    2. David G. Weilbacher, Esq.
    2 lawyer answers

    With the limited facts you supplied, it is difficult to answer your question fully. There are many kinds of taxes the State of Ohio imposes, including income, sales, real estate and others. Assuming you are talking about income taxes, in general, the process starts with the filing of your return. If you didn't file a return, then it is questionable whether the statute of limitations even starts to run. Once you file an income tax return, the state has four years to review your return...

    1 person marked this answer as helpful

  2. My father was in the hospital and he signed a dnr, he had a heartattack and the didn't look at his chart and brought back ?

    Answered about 6 years ago.

    1. Stuart Warren Cordell
    1 lawyer answer

    Let me explain the distinction between a DNR order (which can only be entered by a licensed physician), and a Living Will/Power of Attorney for Health Care document (which is probably what your father signed). The Living Will states your father's intentions about his health care. It says that if he is in a "terminal condition" or "permanently unconscious state" (both of which must be diagnosed by his physician), then he requests that he not be put on artificial life support, but only be...

  3. My friend wants to make me the guardian of her son in the event of her death. Could the father fight me for custody?

    Answered about 6 years ago.

    1. Stuart Warren Cordell
    2. David G. Weilbacher, Esq.
    2 lawyer answers

    Ohio law provides generally that the biological parent of a child is the presumed natural guardian of that child. As a result, in the event of the death of one of the biological parents, the other biological parent has a superior right to be the guardian of the minor. As objectionable as this may seem, this presumption has been upheld in cases where the surviving parent has a problematic lifestyle, or even a criminal record. As a result, it is important to know whether the man is truly the...

  4. What is and is not included in estate after death?

    Answered about 6 years ago.

    1. Stuart Warren Cordell
    1 lawyer answer

    To determine which assets are included in a probate estate, we look first to the title of the asset. "Probate assets" means they are subject to the jurisdiction of the probate court, and pass under the terms of the decedent's will. Note that some assets may not subject to probate, but are still taxable. Assets in the decedent's name alone are included in his or her probate estate. Assets the decedent owned as a co-tenant, but not in survivorship, may be included. Assets owned in joint...

    2 people marked this answer as helpful

  5. What is the difference between a non-for-profit and for profit? And can both do fundraiser?

    Answered about 6 years ago.

    1. Stuart Warren Cordell
    1 lawyer answer

    To begin I assume you are speaking of the two different types of corporations authorized by the state statutes - the for profit corporation, and the non-profit corporation. For profit corporations are entities formed by individuals (called shareholders). Their purpose is to engage in business. The goal of the for profit corporation is to make money that can be distributed to the shareholders, either in the form of owner distributions, dividends, or as a result of a sale of the business....

    1 person marked this answer as helpful

  6. Grandparent giving money for college tuition .

    Answered about 6 years ago.

    1. Stuart Warren Cordell
    1 lawyer answer

    Glad you asked - and I assume you posted this before they took action. First, the person taking the distribution must use the money for qualified education expenses (tuition, fees, books, supplies and equipment; room and board if certain criteria are met), at an eligible education institution (generally all accredited public or non-profit post secondary schools). That way, even if that person is younger than age 59.5, the distribution may not be subject to an early distribution tax,...

    1 person marked this answer as helpful

  7. My 26 year old daughter was paid $2600. For work.. The employer paid no taxes and gave a 10-99. Does she have to pay soc sec

    Answered about 6 years ago.

    1. Stuart Warren Cordell
    1 lawyer answer

    I believe the answer to your question is yes. Anyone who earns more than $400 per year from "self-employment" must pay a self-employment tax. The total amount of self-employment tax is 15.3%, which is made up of the FICA (or Social Security) portion (12.4%) and the Medicare portion (2.9%). When a person is "employed" as a worker, the employer pays one-half of the FICA and Medicare taxes, and the employee pays the other half. In this case, the "employer" probably considered your daughter...

    1 person marked this answer as helpful

  8. In a livign will is ther one fee or should i have to pay yearly ?

    Answered about 6 years ago.

    1. Stuart Warren Cordell
    1 lawyer answer

    Sounds like you did something more than just sign a Living Will. Generally, Living Will and Health Power of Attorney forms are available for free from many sources - hospitals and other health care or hospice organizations, the state bar association, the state palliative care organization, etc. Many lawyers also prepare the forms as part of an estate planning package of documents. Usually, once a Living Will document is signed, there would be no need for a continuing fee to be paid - the...

    1 person marked this answer as helpful