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Can I deposit excuiter check, iif iam the excuiter of the will?: grandma pass away, just received a check from the car insurance, the vehicle was declare a total loss while she was still alive and the check is made out to her. we had joint account prior of her passing, the bank told us to close the account out since she is passed on. I am the excuiter of the will, so can I deposit the check? the check amount is $2400. she does not have any homes or property.

Asked over 2 years ago in Probate

Robert’s answer: The "letters of office" tells the world that you represent the estate of your grandmother. You should open a separate bank account for the estate. The bank will probably want an original letter of office. Bring the check and the letter of office to the bank and the bank will tell you how to endorse the check. Since the estate has opened, you should obtain an EIN number from the IRS. The EIN is the number the IRS assigns to the estate fro tax purposes. You have to file an inventory with the probate court within 60 days after the opening of the estate. You should hire an attorney immediately so the probate process of your gandmother's estate goes smoothly. If the value of the estate is less than $100,000, and there is no home you are required to use a small estate affidavit and not open the estate in probate.

Answered over 2 years ago.


How do I make certain that the tax return my ex spouse provides is the actual filed return?: My div settlement states that my ex is to pay me 20% of any income above an beyond a benchmark number. He is also required to provide me with a copy of his signed tax return by april 30th including but not limited to w2's, schedules, 1099's etc.... my ex is a physician who works for multiple hospitals and private practices that he has either ownership in or is a partner. Every year I receive an unsigned copy of his return with no qualifying financial statements. He will also (kindly) provide me with his own calculations regarding how, since his income hasnt exceeded the benchmark figure, he owes me nothing extra for that year. Last year i inoticed an extension page included in my copy, giving my ex til Oct to "file". So, If I was provided with an April unsigned copy and he has an extension til Oct, am I to assume I received a fake? A tax report that is only showing me income that he wants me to see, so he wont be required to pay extra? I know my ex is a con man, and didnt disclose probably millions during discovery. My attny was denied trying to compel, and didnt combat the years of stall tactics. How can I know I am being provided his tax returns actually received by the IRS?

Asked almost 3 years ago in Tax

Robert’s answer: I would file a Petition for the Court to Order Petitioner (or Respondent, whichever applies to your husband) to Sign IRS Form 4506. State the facts in the petition that cite in the above question. IRS Form 4506 tells the IRS that your former husband is authorizing the IRS to send to you the Federal tax returns for the years you specify. You get the IRS Form 4506 from the IRS website, "www.IRS.gov". Go to court with the form completed except for the space for his signature. In addition, he is already in contempt of court because you state that he is required to submit his tax returns with his signature, but the returns coming to you are not signed. You can file a Rule To Show Cause now or wait for tax returns via the IRS Form 4506.

Answered almost 3 years ago.


How do I get rid of my roomate?: We have an odd living situation. We are technically living in a mixed commercial building witch I don't believe is even registered as a domicile. Our landlord has set it up this way. Rent is paid by each of us to the landlord separately for the room we occupy. We use a space which has has two entrances with two addresses but is joined on our level. The person who is being trouble is on the far side from me with the other address. The three of us on this side are sick of his cocaine fueled parties and hosting bands and shows and distructive cat and dominating attitude and dictatorship actions and dealing pot. He is months behind on his rent. I feel as though I'm being driven from the home I've worked so hard to make. None of us has signed a lease. Some of us have receipts for rent payments. We have the same electric bill and that makes me wonder about the separate address. I would like to wire the door shut and say that we pay for this address and he pays for that one, but I'm not sure I have any right to do so. I asked my landlord to post notice and he said he would do so that day. I have heard that it can take months to evict and I'm not sure I can hold out. Do I have options?

Asked about 4 years ago in Landlord & Tenant

Robert’s answer: If the landlord does not give notice to the other tenant, then I would advise giving your thirty day written notice to the landlord and get out. Your situation could get worse if the police are aware. I highly recommend consulting with an experienced landlord/tenant attorney about your situation.

Answered about 4 years ago.