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How Avoid Son Having To Pay Whopping Inheritance Taxes On Real Estate?
When We Bought Our Home I Put My Son'S Name On The Deed To Avoid His Having To Pay Whopping Inheritance Taxes. In The Event Of My Inevitable Demise, He Is Already On Title And Just Assumes Full Rather Than Partial Ownership Of The Property.
Now Somebody Tells Me That This Will Actually Cause Legal Confusion & Result In His Paying Whopping Capital Gains Taxes Upon Our Demise When He Sells The Real Estate, And That It'S Better To Leave It As Part Of The Estate For Him To Inherit And Dispose Of. Which Is True?
Estate planning is a complicated area that requires a firm understanding of many factors related to you and your finances. It may be in your best interests to consult either a CPA who has significant experience in estate planning or an estate attorney.
With that bing said, here are some general factors to consider.
Will your estate be taxed?
Many average taxpayers will not be subject to the estate tax anyway. Currently the applicable exclusion amount is $2,000,000. So if you die in 2007 and ALL of your assets are valued less than $2,000,000 you do not have to worry about the Estate tax.
When you die, your son would get a "stepped up" basis allowing him to sell the property tax free (assuming he sold it for the value it was appraised for on your date of death)
However, there may be other reasons to transfer ownership of your home to your son beyond estate tax (some people try to shield assets from nursing homes in this way).
It seems that you have already transferred your home to your son, so lets deal with that.
I am assuming that your son did not pay you for your home, therefore his basis is zero. So when he goes to sell it, he will pay capital gains tax on the entire selling price less selling expense.
He may be able to get around this by making your home his permanent residence after you die and exclude a portion of the gain under Section 121 (However he would have to reside in the home for at least 2 years).
As you can see there are many factors to consider, that is why I would encourage you to seek someone familiar with the the laws as well as your circumstances to give you the best direction.
Can Someone Help Me In Finding An Attorney To Help Me Sue Petland?
Can Anyone Recommend An Attorney In Fort Myers That Is Willing To Sue Pet Land For Selling Me A Sick Puppy?
I Purchased My Puppy In May 2010 And He Has Been Sick Since Day 1. Constant Vomiting And Runs To The Emergency Vet. I Have Tried Reasoning With Pet Land As Far As The Medical Bills Are Concerned And They Refuse To Pay. They Sent Me To A Vet Where My Puppy Was Diagnosed With Distemper But They Refused To Abide By Their Own Contract Which States &Quot; That If The Puppy Is Diagnosed They Will Cover All Medical Expenses Test And Treatments&Quot;. Pet Land Would Not Authorize The Testing For My Puppy And Instead Tried Coaxing Me Into Returning It. I Completely Refused Being That I Felt They Should Have Proved His Sickness With The Testing Instead Of Trying To Make Me Return Him. Pet Land Is Completely Aware That My Puppy Was Sick Prior To Me Leaving The Store With Him, Yet They Withheld Medical Information. I Need Help. I Spent 1800 On This Puppy And Over 2000 On Medical Bills.
Its only a small claims case.
Most states do not allow attorneys to participate in small claims cases.
You would NOT be entitled to attorney fees even if they prepared the case.
I suggest you read your contract carefully.
Since Petland offered to take the puppy back (and either give you a new puppy or a refund) and you refused I believe you are SOL.
The most you would be entitled to get back would be the purchase price.
File in small claims and see where it goes.
Legal Advice Please? Which Agreement Will Hold Up?
A Owes B Money And Signs A Promissory Note And Then Defaults On Said Note. A And B Then Divorce And In The Divorce Decree It States That Neither Party Owes The Other Any Money. Can B Still Sue For The Money Owed Since A Defalted Prior To The Divorce Decree? My Lawyer In Sc Says Yes. What Do You Think?
If your lawyer says yes then I will have to bow to that as they have the legal training.
My personal feeling is that as the divorce decree states neither party owes the other any money and neither party has desputed that it may be a strong enough defence for party B.
I think it really depends on 2 factors:
1. How well the original agreement holds up in court (ie: is it flawed) and;
2. How good B's solicitor is.
As I said though if your lawyer feels there is a good case there then they will know as they have the legal knowledge.
Probate Court Question?
My Mom Passed Away In November. Her House, Which Has No Mortgage Is In Her And My Dad'S Name ( He Passed Away In 2005 ). What Steps Do I Have To Go Through ( I Am The Executor) To Get The House In My Name So I Can Sell It? I Live In Indiana.
Assuming your parents owned the property as joint tenants and not tenants in common, then you will need to go through the probate court to effectively transfer legal title to yourself. But did your mother have a Last Will where she left everything to you? If she had not Last Will, are you her only child? Even if you are the sole heir or legatee, you will still need to go through the probate process which is intended to insure that all your mother's debts are paid including her funeral bill, medical and hospital bills, any pending utility or real estate tax bills, etc. Her estate is also liable for costs of estate administration in the event you retain an attorney to help out. It would be a good idea for you to pay to consult with a local attorney if only to get an understanding of the local probate procedure.
Seeking Legal Advice From Professional On Employment Law.?
I Was Terminated At My Job After 3 Years Of Service Without A Single Incidence Of Work Performance. I Have A Flexible Spending Account Through My Job And I Selected To Contributed 1500.00 To My Account For The Year Due To The Fact That I Was Having My Wisdom Teeth Taken Out And Needed New Glasses And Was Unsure What The Cost Would Be. What You Do Not Use You Lose At The End Of The Year. All Of The 1500.00 Contributed To My Account Comes Out Of My Paycheck Each Week. When I Realized That I Was Not Going To Use The Rest Of My Money And Had Already Purchased Some Small Items Using My Flexible Spending Account Such As Bandaids, Contact Solution Etc. I Bought An Item And Then Returned It For Store Credit Twice. There Is No Law That I Can Find Anywhere Stating That Once The Item Was Purchased It Could Not Be Returned. Also, When I Look Through All Of My Information For Payflex Which Is The Card I Use For Flexible Spending The Only Thing I Can Find Is That If You Purchased An Ineligible Item You Have To Send A Check To Payflex. However, The Item I Purchased Was Eligible I Just Returned It. Due To The Fact That I Made The Purchase At The Service Desk And Returned It Immediately After Purchasing It, It Came Up As Suspicious Activity. When They Asked Me About It I Told Them What I Did. After A Couple Of Weeks Past They Called Me Into The Office And Fired Me For It. Had I Purchased The Item At A Checkout Lane, Brought The Item Back After That And Just Said I Did Not Need The Item It Would Not Have Been An Issue. The Flexible Spedning Account Is Set Up Poorly Given The Fact That You Lose The Money That You Do Not Use. I Did Not Intentionally Put That Much Money In My Account With The Intent Of Doing That. My Question I Guess Is Can I Fight This? I Feel Like I Was Fired Because I Found A Loophole In The System An My Employer Was Mad Because The Money That Was Not Used Would Have Went To Them. I Am Not Looking For Judgements About This Just Legal Advice.
Being caught trying to commit fraud will get you fired close to every time.
Sure you can buy an item and return it - but then it's not eligible for payment with your FSA. And by the way, some of the other items you mention, OTC items, aren't eligible expense either.
No, your scheme isn't a "loophole". Loopholes are legal ways to avoid tax, not attempts at fraud. And it's tax fraud, not just an issue with your employer.
You have no grounds to fight it. "But I stole it fair and square" is NOT a winning argument. The IRS though, is VERY unlkely to prosecute you for something like this.