My fiance wants to transfer 300k to my checking account as a gift What do I need to do to avoid any suprises or complications related to taxes or any other thing that I can't think of. I just want to be protected. Your responses are greatly app...
A transfer, in any fashion, of $10,000 or more can trigger the bank from notifying the IRS and the IRS sending a letter to determine if this related to money laundering, a transfer to a terrorist or terrorist organization, or for the purchase of illegal drugs.
Although it is less than $5.49 million, a Federal Gift Tax returns must be filed by your prospective spouse.
You should contact a family law attorney to draft a prenuptial attorney that states this is a gift and cannot be claimed by him/her in the event of a divorce.
If the money used for the gift is from a foreign bank account, or to be kept overseas, an annual FBAR form must be filed with your income tax return(s).
Good luck on your nuptuals.See question
I have ny license that will be 3 yrs expired this June 1 17... I am going to pay fines and everything so I can get my license before June. Is it 3 years in nj that I have to show proof of license within that period..
License to do what? There is no way anyone can answer this question without knowing if this is a driver's liccense, a license to practice law or accounting, or medicine or be a plumber or contractor.See question
The purchase agreement does not address
As my colleagues have indicated, you bought the stock or membership units of the company. If stock, you bought all the assets and liabilities of the company, including paying for the preparation of the company's tax return.
If an LLC, since an LLC terminates upon the sale of 50% or more of the company's income and equity interests, per IRC 708, there are two short tax years. One before you bought the LLC and one after. The purchase agreement should have, as my colleagues noted, stated if the seller must pay for tax preparation for the initial short year, and indemnify and hold you harmless against undisclosed liabilities, including tax while owned by seller.See question
I have an immigrant visa interview appointment after 20 days. I submitted police certificate to NVC which is now 9 months old. my passport was renewed six months back. Do I have to submit a latest and fresh police certificate On the day of my int...
A lot can happen in 9 months. Although I do not do immigration law, by bet is to be safe, you get a certification that is more recent, especially in light of the Trump Exec. Order seeking to expel non-citizens who have committed crimes.
Good luck! I would suggest you consult, if you have done so already, an attorney who does immigration law.See question
My father passed away in Sept of 2015 and my brother the executor of the estate will not tell me any information regarding the business we inherited. Also, his attorney that is handling the estate will not tell me anything. Or the accountant. Is t...
In NJ, it is a misdemeanor to nnot probate a will. I have never seen a case of a person being indicted. In addition, the executor, if one was appointed, has 1 year to handle the estate, after which any beneficiary or creditor may demand an account of what assets were owned at the time of death, what expenses were paid and what distributions, if any were distributed.
You need to hire an attorney to file an Order To Show Cause to compel an accounting.
The Rules of Court mandate that Notice of Probate be sent to every interested party, but the failure to do so does not void the probate. It will however extend the period you can file the OTSC. You are also entitled to a copy of your father's Will from thee executor, and if he did not provide it, you can ask the Surrogate for a copy.
Your legal fees should be paid from the estate, although most lawyers ask for filing fees and other costs upfront.See question
I work as a legal secretary for a major NY law firm. Did my husband will w/the help of the T&E Dept. My husband works in NJ & can't come into the city to sign his Will. He was thinking of bringing his Will to his job, sign it in front of two of ...
A little story to provide an answer. My father did in Will in 1952, prior to the enactment of the Self-Proving Affidavit statute. He signed it before two co-workers in NY at Remington Rand, yes that old manual typewriter company that no longer exists. When he died, as noted by my colleague, I had to find one of them to go before the Surrogate to attest he was of sound mind, and signed it without duress. Neither could be found.
Avoid this problem, even though NJ now allows a document intended as a Will and not properly executed, to be admitted to probate, the process is more costly and aggravating at a time you are mourning and do not need the hassle. Take my colleague's advice and add a Self-Proving Affidavit. It can be signed before an attorney, bank official, insurance agent's office or brokerage firm that has a notary.
BTW: You have stated that you are practicing law without a license. I assume the attorneys who provided advice in your firm are admitted to practice in NJ and that you have drafted a document that expresses your H's true documents. Additional documents should also be prepared, but if you are the agent under those documents, which require notarization of two witnesses, you could face additional problems.See question
I need to file a claim on the estate of my ex-husband who died in January 2017. He died in Bergen County. I spoke with the surrogate court and they said to bring in a form to file a claim against his estate. But they don't have any forms. I ca...
I am uncertain what your claim is. If it is claim of the elective share, you must understand that it equals one-third of the "augmented estate" ( assets of your deceased H and you combined, with some exclusions and additions), first satisfied from your assets. If you are making a claim of another type, your present and invoice and a letter to BOTH the executor and the Surrogate.
I think it was Abe Lincoln who said: One has a fool for a client if he represents himself (herself). Seek a consultation with a probate attorney. I agree with my colleague you provided you with response before me.
There is a Statute of Limitations on presenting a claim. Do not let it expire or whatever claim you have will be terminated.See question
My father specificly bequested his house to me in his will. He also appointed me executor for his estate. Can I include the value of his house (now mine) in the calculation of my executor's fee? The estate attorney took care of the property deed t...
Understand that the bequest is NOT taxable, whereas if you take a commission, it IS taxable as ORDINARY INCOME. It would be wiser to avoid the income tax on the commission. If you have siblings, you may be trying to get a larger portion of your father's estate. Think about the family dynamic if you care.See question
my mother passed away and left the house to me.im taking care of my 2 mentally disabled brothers and my older brother who has never helped the family financially or generally.he keeps making threats about fighting for the house and throwing us out...
If the house as left to you, then in addition to the restraining order, which if violated will result in jail time, you can also file in municipal court for trespass as he has no right to enter the property. I would consult a local attorney.
You selected the category of "Guardianship" for this question. If you need a guardianship to protect your two other brothers, or to have this menacing brother, declared incapacitated, then a guardianship is appropriate, otherwise the proper designation is something to do with criminal law.See question
We are having difficulty with a party that does has canceled once and is being uncooperative with the second contract.
If the contract has not been signed by the other party. You are free to cancel it. If both buyer and seller have signed, but the other party's attorney wants changes to the contract that you or your attorney are unwilling to accept (or you want changes they are unwilling to accept), either party may cancel the contract during the 3 day attorney review, and longer if the right of cancelation has been agreed to be extended.
The NJ Supreme Court just ruled that one may cancel a real estate contract by fax, email or certified mail, but it must be sent to the other party, their attorney and the broker(s).See question