Thomas B Burton’s Answers

Thomas B Burton

Chippewa Falls Estate Planning Attorney.

Contributor Level 4
  1. I was married to my husband for seven days this year before he passed away. What will my tax filing status and liability be?

    Answered 11 months ago.

    1. Edward Fossum Hooper
    2. Mark A. Jinkins
    3. Thomas B Burton
    3 lawyer answers

    According to the Internal Revenue Service, Publication 17, "if your spouse died during the year, you are considered married for the whole year for filing status purposes." If you do not remarry, during the tax year, you can file a joint return for you and your deceases spouse according to the IRS. Publication 17 also includes more information relating how to file if you remarry during the same year. Here is a link to the information: http://www.irs.gov/publications/p17/ch02.html#...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. Does my mom need to update her Will to include a living trust for real estate valued at $900,000.

    Answered 4 months ago.

    1. Thomas B Burton
    2. Robert C. Daly Jr.
    3. Daniel B. Purtell
    4. Ivette M Santaella
    5. Michael Leo Potter
    6. ···
    6 lawyer answers

    From what you are describing under the current arrangement, it looks like two probate actions would need to be taken at your mother's death. One probate case in Wisconsin for your mother's real property located there and a separate Minnesota probate case for your Mother's real property located there. As the other attorneys have suggested, if you are looking to avoid probate, you could transfer all of the above mentioned assets into a trust while she is living, and if done properly, avoid...

    1 lawyer agreed with this answer

  3. Can your land lord deduct pass rent from your security deposit

    Answered 8 months ago.

    1. Thomas B Burton
    1 lawyer answer

    I am assuming you are asking about whether a landlord can withhold from a security deposit for past rent due? It likely depends on whether you legally owe the rent. A landlord can withhold unpaid rent for which a tenant is legally responsible. See Wis. Stat. 704.28(1)(b). Under Wis. Stat. 704.29 a landlord has a duty to attempt to mitigate damages by re-renting the apartment if a tenant moves out early. I recommend checking out the WI Tenant Resource Center for more information on your...

  4. Are there tax benefits to contributing to the production of a movie?

    Answered 11 months ago.

    1. Thomas B Burton
    2. Ronald J Cappuccio
    3. Donald Mathew Blackburn
    3 lawyer answers

    I agree with the previous two answers, that unless the film is made by a non-profit, registered with the IRS, you cannot deduct your contributions. You may be thinking of the tax benefits that Wisconsin offered in years past designed to bring filmmakers to the state, which was known as the Film Production Credit. Wisconsin offered this credit for a period of 6 years up until this latest two year budget, when the Film Production Credit was eliminated. Under several previous budgets, if you were...