Frank A Selden’s Answers

Frank A Selden

Bellevue Estate Planning Attorney.

Contributor Level 16
  1. What is a trust account and how does it work

    Answered almost 6 years ago.

    1. Frank A Selden
    2. Christopher Trent Kunz
    2 lawyer answers

    A trust account in its broadest sense is not necessarily handled by an attorney. Numerous independent trust companies and banks have trust departments that hold assets in trust for beneficiaries. How the accounts work depend greatly on the documents that create the account. For example a trust account that is for a trust containing the term "My wayward son Johnny only has access to this money for issues concerning his health, education, maintenance and support. The trustee has full authory to...

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  2. Can the IRS put a lien on social security for past due tax liability

    Answered almost 6 years ago.

    1. Frank A Selden
    1 lawyer answer

    The short answer is the IRS can do whatever they can get away with. The text book anserw is yes, up to 15%. Although IRC Section 6334 appears to exempt public assistance benefits, unemployment benefits and worker’s compensation benefits, Section 6331(h) allows for a levy of up to 15% on them. The IRS can levy up to 15% of any Federal payment provided that eligibility is not based on income or assets. Internal Revenue Manual 5.11.7.2.1 states that the IRS will not levy unemployment...

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  3. Will converting my business from s corp to a c corp provide tax benefits

    Answered almost 6 years ago.

    1. Frank A Selden
    2. Mark Roland Baran
    3. Kenneth Allyn Sprang
    5 lawyer answers

    In general, you can convert an S corporation to a C corporation by voluntarily revoking the S election at any time. You and other shareholders may want to convert to a C corporation because of changes in the tax laws or to provide the corporation with more flexibility as the business evolves. Converting to a C corporation offers greater potential for broadening the investor base and raising capital (if the corporation decides to go public). It also allows the business to offer a wider range...

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  4. Can a trust sell and buy real estate?

    Answered over 1 year ago.

    1. Frank A Selden
    2. Timothy Edward Kalamaros
    3. Eric Jerome Gold
    3 lawyer answers

    This depends on the language of the trust. The person responsible for the affairs of the trust is the trustee (not the beneficiary). Look to the section of the trust that discusses the trustee powers. If the trust allows it, the trustee can sell the property and use the proceeds to purchase a condo. If you are unsure after reading the trust then I recommend a trust attorney in your area review it for you, or discuss this with whomever wrote the trust.

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  5. Does the IRS and Immigration share information about you and your household ?

    Answered 8 months ago.

    1. Carl Michael Shusterman
    2. Frank A Selden
    3. Bruce Givner
    4. Richard Gordon Stack
    5. Shad M Brown
    5 lawyer answers

    not sure I understand the question. Are you asking whether IRS and immigration share information with each other or with other agencies? If you are asking whether they share with each other my experience is that no, they do not. I do, though, recommend that you always tell the truth in which case you do not need to be concerned.

    7 lawyers agreed with this answer

  6. WA state probate and estate planning law, beneficiaries dispute with executor and distribution of assets

    Answered almost 6 years ago.

    1. Frank A Selden
    1 lawyer answer

    There is a huge difference between challenging the actions of the estate's personal representative (PR) and challenging the will. You are actually helping the court uphold the will by challenging the PR. You may be coming up against some timelines soon I suggest contacting a probate litigation attorney asap to protect your rights. Your mother and you cannot be eliminated as heirs because you pursue actions against the PR. Not all probate attorneys practice litigation. If you need some names...

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  7. I know my father left my sister & I something in his will. Our half brother is executor. We do not speak and no will has been

    Answered over 2 years ago.

    1. Frank A Selden
    2. Paul A. Smolinski
    3. Steven J. Fromm
    3 lawyer answers

    You can't "make" him file the will because perhaps there isn't one. The will may be invalid or may have been revoked. If you believe there is a will then petition the probate court for its admittance. In Illinois, there are rarely, if ever, will "readings" where the family comes together in the lawyer's office to be told what they are to receive from the deceased person. Instead, in Illinois, a will is a document of public record. Whether or not a will is probated, the law requires that the...

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  8. Living trust does it keep out of probate

    Answered about 1 year ago.

    1. Michael Leo Potter
    2. Frank A Selden
    3. James P. Frederick
    4. Charles Adam Shultz
    4 lawyer answers

    Assets that are owned by the trust do not need a probate process. Depending on the type of trust, a trust can be subject to creditor claims. A probate may still need to be opened. However, assets owned by the trust are not included in the process. Recommend if you have detailed questions that you visit a probate attorney in your area.

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  9. Is wife's inheritance (which has not been co-mingled with spouse) considered as income/asset for COPES eligibility for husband?

    Answered about 1 year ago.

    1. Frank A Selden
    2. Chandra Melissa Lewnau
    3. Robert William Haley
    3 lawyer answers

    under Washington's community property laws an inheritance is separate property. However, for COPES certain incomes and resources are counted. Best explanation I know is the link attached from Columbia Legal Services.

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  10. Can a probated will/estate case in California be reopened under any circumstances?

    Answered over 2 years ago.

    1. Frank A Selden
    2. Jonathan Craig Reed
    2 lawyer answers

    Circumstances include new heirs, new assets, new creditors. For example, if the issue is new assets, California Probate Code Probate Code § 11642 states that "any property acquired or discovered after the court order for final distribution is made shall be distributed in the following manner: (a) If the order disposes of the property, distribution shall be made in the manner provided in the order. The court may, in an appropriate case, require a supplemental account and make further...

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