Powered by Avvo.com

Can non custodial parent claim earned income credit and head of house for child?: In court order it states that "the father claims child first year and every other year the mother has right to claim son as a fependent for all purposes , including state and federal tax returns . The mother waives her right to the dependency exemption for the year assigned to the father and agrees to sign any nessarcy documents "
Can the mother still claim earned income and child care ,head of household being the child resides with me the father more then 51% of the time and I pay his daycare .?

Asked 8 days ago in Tax

Loraine’s answer: I strongly recommend that you get an actual attorney with income tax background (or even a really good, tax-focused CPA) to review the actual language in the agreement, because without seeing the actual document no professional is going to be able to give you a real answer about what it says. However, based on what you've stated the document says, it sounds like the father claims the child in year 1 of the arrangement, and that after that first year the mother is allowed to claim the child. If that is correct, then if the mother tries to claim the child for year 1, and the father does, too, the mother may end up with IRS difficulties if the IRS audits either parent and the father can prove that he was entitled to claim the child under their agreement. For other years, however, if the agreement allows the mother to claim the child, then she should be able to under the facts you state.

Answered 4 days ago.

What is the time limit on probating a will in the state of Georgia.: My brother is the executor of my father's will and he has not probated it in 6 years. He is keeping me from a farm in Florida and a 200-acre farm in Georgia out of spite.

Asked 7 days ago in Probate

Loraine’s answer: There's not a set deadline, but it does sound like your brother may not be handling things correctly. For one thing, even if he believes that there are no assets in your father's probate estate for the Will to control, Georgia law requires that the original Will be filed for informational purposes only with the appropriate probate court within a "reasonable time" after the death of the person who wrote the Will. If he hasn't at least done that, then he's in violation of state law (assuming that your father's principal residence was in Georgia).

Unfortunately, you may need to force your brother to produce the Will, and you may also need to force him to provide information, if he's been refusing to do so for this long. Please talk to an attorney who has estate litigation experience to explore the situation, your options, and a potential cost vs. potential benefit analysis. There are options, but they won't be ones you can easily take on your own.

Best wishes to you.

Answered 7 days ago.

How long does the executor of the will have to settle the estate in Georgia? : My father passed away August 1,2016 and my sister was named executor of his will. The estate is out of probate, and we're unaware of any issues to prevent the settlement. She's not being forthcoming to me or my brothers with any information about the settlement.

Asked 11 days ago in Probate

Loraine’s answer: There is no set time for the administration of an estate in Georgia. If the estate is fairly simple to handle and no odd issues pop up, it may be possible to finish the administration and settle everything within 1 to 2 years. If your father just passed on in August 2016 (about 9 months ago), it would seem to be somewhat soon for your sister to be able to finish the administration process, although it's possible.

If she's not responding to your requests for information, unfortunately, you may need to hire an attorney to try demanding information about the estate, and to file a petition to force her to provide an accounting. Please talk to an attorney that has estate and trust litigation experience if you decide to talk to an attorney directly, not someone who only handles non-contested probate matters.

Answered 11 days ago.