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Frank A Selden

Frank Selden’s Answers

1,074 total


  • An escrow co paid my taxes in error if after notifying everyone am I still responsible? Can I take action against everyone

    I notified the escrow co.(3 times) the court house (4 times) and my mortgage co. My mortgage co e-mailed the court house that they held my mortgage WITH NO ESCROW. The escrow co and the court house made no corrections. The court house was in erro...

    Frank’s Answer

    I am not seeing the damages here. Are you still responsible for what? Payment of the taxes the courthouse doesn't want to accept because they've already been paid? Perhaps in Florida the capitalized words make a difference to the title but under WA law I don't see an issue. Hard to hold a court "liable". Escrow company perhaps if they caused damages.

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  • 2 part question: Does a bulk disability payout get taxes taken out? and Is there a maximum disability payout per injury?

    My husband had a full shoulder replacement in Dec under workman's comp. The shoulder locked up so In May the Dr went back in to remove scar tissue & replace the ball w/a smaller one. We are told he is entitled to $80,000 for each surgery but they ...

    Frank’s Answer

    The reason for the 20% discount is that the States typically buy annuities for such long term payments. They pay a specific sum up front. payments are made over time by the insurance company handling the annuity. Same for lotteries. If you want everything up front you get less than the full amount. This is not a tax issue. As for whether the 3rd surgery means another check it is possible but up to your workman's comp office for a final determination. I would not phrase is as an entitled right just because there is a surgery.

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  • Can a 527 organization issue stock?

    Can a 527 organization involved in political issues be incorporated and issue stock to shareholders that would give away control of the organization but not yield dividends?

    Frank’s Answer

    No. 527s have donors, not shareholders investing to make a profit on their investment.

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  • Is there a cap on Luxury tax (Motel) Volusia County, Florida

    I was overcharged tax on tax at an old Motel in Volusia County, Florida. I questioned the manager and was told that it was an increase in luxury tax. I check a website and it states that lax should be at 12.5%. Is it legal for them to overcharge t...

    Frank’s Answer

    I am not sure which website you checked. There is a State tax and there is a County tax. Some cities, like Seattle where I am, also charge a city tax. It is likely that 17.5 % is the correct tax for all three levels. If you believe this motel is overcharging taxes the FL attorney general office will be very interested to hear from you. This is not legal, although the AG's office will not likely help you obtain a refund. That will need to come directly from the motel if they pocketed the money.

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  • Is there a cap on Luxury tax (Motel) Volusia County, Florida

    I was overcharged luxury tax at an old Motel in Volusia County, Florida.When I questioned the manager I was told that it was an increase in luxury tax.Questioning them, I checked a website and it states that lax should be at 12.5%. I was charged...

    Frank’s Answer

    I am not sure which website you checked. There is a State tax and there is a County tax. Some cities, like Seattle where I am, also charge a city tax. It is likely that 17.5 % is the correct tax for all three levels. If you believe this motel is overcharging taxes the FL attorney general office will be very interested to hear from you. This is not legal, although the AG's office will not likely help you obtain a refund. That will need to come directly from the motel if they pocketed the money.

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  • Is there a cap on Luxury tax (Motel) Volusia County, Florida

    I was overcharged luxury tax at an old Motel in Volusia County, Florida. I questioned the manager and was told that it was an increase in luxury tax. I check a website and it states that lax should be at 12.5%. I was charged 17.5%. Is it legal for...

    Frank’s Answer

    I am not sure which website you checked. There is a State tax and there is a County tax. Some cities, like Seattle where I am, also charge a city tax. It is likely that 17.5 % is the correct tax for all three levels. If you believe this motel is overcharging taxes the FL attorney general office will be very interested to hear from you. This is not legal, although the AG's office will not likely help you obtain a refund. That will need to come directly from the motel if they pocketed the money.

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  • What are my options if I DO NOT want to publicly broadcast my ownership of real property? Looking for a trust specialist.

    Using an LLC does not work because anyone with basic google search skills can lookup the member of the LLC, I was thinking about using a land trust aka title holding trust to hold the LLC. I would like to hear from seasoned attorneys with signi...

    Frank’s Answer

    You are correct that one cannot discover the trustee or beneficiaries of a trust the way that one can discover the members or resident agent of an LLC. Many people who want to save money use LegalZoom or some other legal document prep service to create their trusts. Totally valid for people who know what they are doing. Then you need to change the member of the LLC to the trust. However, the trust is not going to be the manager nor the resident agent. You can also hire a resident agent service (costs about $200 / year) for anonymity at that level. In my office such a trust would cost $2500 and take about 2 weeks. I am not a CA attorney. If you want a local trust specialist I recommend directly looking for someone using the AVVO find a lawyer rather than waiting for them to find and respond to this question.

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  • Mother borrowing against trust fund illegally??

    I'm 17 and married, when i was younger I was in a car accident. My settlement money was put into a locked bank account/trust fund until I reach 18. My mother passed away in March, before she passed she managed to put a loan on the trust fund and n...

    Frank’s Answer

    This is unfortunately a difficult question that needs additional information, such as the exact wording of the trust. Trusts have a trustee who has certain powers or discretion authorized by the trust. If she acted outside of the trust then you have a legal action against her, although her death changes this. If there is indeed a loan, then that loan is a trust asset and should be enforceable against the borrower. if she was the borrower then the loan is enforceable against her estate. Hopefully there is still time to file a claim against the estate through the KY probate process. I highly recommend you talk to a probate attorney in your area asap.

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  • Advice with a foster care issue

    My husband and I took in our niece who was a ward of the state. She had been in well over 6 foster homes and we wanted to give her stability. We were in the adoption process but my niece went to school and told her caseworker that we had spanked h...

    Frank’s Answer

    • Selected as best answer

    You ask some great questions about what I can only imagine is a stressful situation. CPS plays a tough role. If they under-protect children sometimes children face additional abuse. If they overprotect they disenfranchise families and cause a different kind of harm. Your niece has rights to protect, as do you and your children. Unfortunately some of these situations are difficult to prove other than accusations. If you have done nothing wrong then you should have nothing to fear from the process. I would not start out with an attorney in the interview process but chatting with a local attorney who helps families with CPS will help you understand the process. The CPS website (see link added) for IN also has a lot of great information. I wish you well this emotionally charged situation.

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  • My father died with no will who stands to inherit his small farm?

    My father died leaving a spouse and 4 children, my brother died years later will my brothers son inherit his share of the farm upon the death of my mother?

    Frank’s Answer

    each state has a version of "intestacy" laws, essentially the rules that the court will use to ascertain who gets what when someone passes without a will. The jurisdiction for the laws used is his state of residence when he passed. For Arizona intestacy rules you can look at the link added, Chapter 2 Article 1.

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