Randall S Perrier's Answers

Inheritance tax rate and filling?

Congrats on the inheritance. As a general rule, you need not pay taxes on money you receive by gift or inheritance. One exception to this rule occurs, however, when the executor of the estate charged with ensuring the estate has paid all its state and federal inheritance taxes. You should be able to ask the executor of the estate whether the estate was "taxable." If the executor is unable to answer this question easily, you might consider engaging your own lawyer to confirm that all of...

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How can I get guardianship of my godson who has lived we me for the last 3 years?

This post is for educational purposes and does not create an attorney-client relationship between us. This is a great question. You are the source of stability and normalcy in the child's life and you would like the court to give you authority to make decisions for the best interest of your godson. It seems self evident that the best thing for the child would be to allow you to be his guardian; of course the trick is doing this without having to pursue an ugly court battle declaring the...

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Is paying personal Income Tax legal?

There are many different theories under which tax protesters claim that the payment of taxes and the filing of tax returns are voluntary and/or illegal. Some arguments are constitutionally based, while others hinge upon semantics and word play. For example, one flawed argument states that the 16th Amendment, which authorizes collection of income taxes, was not properly enacted. Another debunked contention claims that only residents of "sovereign" states, such as Washington D.C. and Puerto Rico,...

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What happen if I sell my house to buy another one while my husband is in medicaid nursing home?

Under Texas law your homestead is an exempt asset and is not a countable asset when you run the calculations to qualify for long term care under Medicaid. Generally speaking, Texas law allows you to sell your homestead property and reinvest the proceeds from the sale into a new homestead within 6 months. During that 6 months, the proceeds from the sale of your first home maintain a homestead-like status. I haven't researched this rule as it pertains to Medicaid recently and so I advise you...

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How long does it takes for the court to approve and record an small estate affidavit?

Small Estate Affidavits typically take about 10 days to wind their way through most courts. You can always contact the court's clerk or case coordinator and check on the status of your case. I have had success explaining to the court personnel how time sensitive certain real estate matters are, that they will move your case along extra quickly to help you out. No guarantees, but a very polite request is sometimes honored. Best of luck!

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Power of Attorney

You describe the party denying you information as both a personal representative and as a trustee. In either case, if you feel the personal representative or the trustee of trust formed by the decedent is violating his fiduciary duties to the beneficiaries of the estate or trust, you should consult with a lawyer certified in estate planning and probate and discuss your options to ensure the beneficiary's rights are being protected. Best of luck, Randall Perrier

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Ok since i still dont have my SS, how should we file his income tax?

I think I might need some more information about your circumstance. You mention that you don't have a social security number and whether you and your wife should file as married and filing separately. It would be helpful if you could provide information on the source of the income (wages, dividends, distributions, etc.) and what steps you have taken to get a SS number.

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After paying off a debt $4417.65 from a dept collector the irs can tax me for it?

The IRS doesn't tax you for paying-off debts. You can be taxed, however, if the creditor agreed to forgive the debt. This is called discharge of indebtedness income and the IRS uses some constructive or imaginary transactions to make this happen. First, the IRS will pretend that you received the amount of money forgiven by your creditor, on which amount the IRS would impose income taxes just as if you had received this amount of money in cash. Then the IRS will pretend that you paid the...

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How do I get legal separation from someone I only lived with but never married and let the IRS know he no longer supports us?

This post is for educational purposes only and does not create an attorney-client relationship between us. As you may have discovered from your own discussions with the IRS, the IRS only recognizes official marriages and divorces. Since you reported yourself married, they typically would like to see a divorce decree or decree of separation to prove you no longer are responsible for each others' debts and, thereby, let you each pay your own taxes and keep your own refunds. This is a...

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How long can someone keep a will from being probated and what is the procedure to do this?

This post is for educational purposes and does not create an attorney-client relationship between us. In submitting this post, I am assuming that your sister has probated the will, was named the executor under the will, and is currently serving as executor of your father's Estate. I often advise my clients serving as executors not to make distributions for a considerable period of time from the estate over which they serve -- sometimes a year from the date of death and sometimes even...

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