Archived
Can a lawyer in CT create a will for a client in North Carolina? Do they need to have a license in North Carolina?
Scott's answer
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Answered on January 08, 2013
I would suggest going with a local attorney. There may be specific issues in drafting a will in your home state that an out of state lawyer may not...
Archived
Question concerns $250K tax free allowance when selling a home.
(I'm single)
Scott's answer
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Answered on January 07, 2013
You only get a $250,000 exemption from gain. Your gain is calculated by taking the selling price and subtracting from that your cost plus any...
Archived
My father die and the executors of his trust do not want to be executors and the third person listed is not capable mentaly
Scott's answer
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Answered on January 07, 2013
As an heir at law (you get this designation by being your father's child) you can in most cases petition the probate court to have you or another...
Archived
Does property deeded as tenants in common have to be probated?
Scott's answer
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Answered on January 07, 2013
Yes, you need to probate the estate. Property owned as Tenants in Common does not automatically pass on someone's death, only joint tenants with...
We have a little league baseball team and was wanting to get nonprofit status so people who donate items to us to use at our
Scott's answer
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Answered on January 07, 2013
I have prepared a variety of non-profit entities for my clients. Forming a non-profit is an involved process. In addition to state filing...
Archived
IS IT NECESSARY TO PROBATE A SPOUSE'S WILL WHEN THE SURVIVING SPOUSE IS SOLE BENEFICIARY?
Scott's answer
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Answered on January 07, 2013
The probating of the will accomplishes a few items. First, the will appoints an executor so that someone can take action with regard to the estate...
Can an opposing attorney access my tax forms from the irs?
Scott's answer
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Answered on January 07, 2013
You would need to provide the other attorney with either an IRS power of attorney or Form 4506. That being said in litigation the other side may...
Archived
Who has the legal responsibility to notify an heir that they have inherited real property?
Scott's answer
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Answered on January 06, 2013
This is a state specific question. In MA if a person dies with a will all the heirs at law (defined by statute) and those named in the will receive...
Archived
COUPLE PURCHASE HOME AND BOTH NAMES ARE ONE THE DEED AND MORTAGAGE.ONLY ONE NAME IS ON REFINANCE PAPERS.CAN IT BE FORECLOSED .
Scott's answer
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Answered on January 06, 2013
The first question is how the title was held (tenants in common or joint tenants). The next question relates to state law, what does it say...
Archived
I inherited a house and barn that has a lot of stuff in it with a good amount of value. If I sell the contents do I pay tax on
Scott's answer
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Answered on January 06, 2013
Generally, inherited assets get a step up in basis. Meaning they are valued to the heirs at the date of death value. Often times if an asset is...
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