Author Archives: curtis

My loved one left a will, but I cannot find it?

Check with the attorney who prepared it. That attorney may have retained the original, or at least a copy. In certain limited cases, a copy can be probated if the original cannot be found.
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My loved one did not leave behind a will. What do I do?

If no will has been left behind, an administrator of the deceased’s estate will need to be appointed to disburse the assets of the estate and to pay any outstanding debts (such as taxes, bills, loans). The appointed administrator will be selected in the following order (assuming the potential administrator is competent and is at [...]
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My loved one left behind a will. What do I do?

The will should name an executor. The executor’s job is to collect the assets, pay the deceased’s debts, and distribute any remaining assets according to the provisions of the will. Once the executor has been determined, that person must then file a Petition for Probate and Letters Testamentary. The Petition for Probate and Letters Testamentary [...]
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The Estate: With a valid Will (Probate)- Without a Valid Will (Intestacy)

When someone dies and leaves a will the person is said to have died Testate. A Petition for Letters Testamentary is submitted to the Surrogate’s Court in the County in which the decedent was domiciled at the time of their death to have the Will admitted into probate. Probate is the legal proceeding used to [...]
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Power of Attorney

A Power of Attorney is your authorization, given to another person or organization, to act on your behalf while you’re unavailable or unable to do so. The person or organization you appoint is referred to as an “Attorney-in-Fact” or “Agent.”, Power of Attorney documents are commonly completed at the same time as the making of [...]
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THE TAX AUDIT!

The IRS can audit  in a number of forms.  The most demanding are the face-to-face audits, which require sitting down with an auditor and reconciling your income and deductions.  However, correspondence audits, where the IRS has reason to believe that the taxpayer failed to include reported income or has overstated deductions, are less demanding. Correspondence [...]
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Checking the Status of Your Federal Tax Refund

Generally, If you e-file, you can get refund information 72 hours after the IRS acknowledges receipt of your return.  If you file a paper return, refund information will be available within three to four weeks.  If you already filed your federal tax return and are due a refund, you can check the status of your [...]
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Commuting v. Deductible Business Mileage: Temporary work location/ Union members/ Multiple work locations

If you have one or more regular work locations away from your home and you commute to a temporary work location in the same trade or business, you can deduct the expenses of the daily round-trip transportation between your home and the temporary location, regardless of distance. If your employment at a work location is realistically expected to last (and does [...]
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Investing in real estate through an IRA-Self Directed IRA

Self- Directed IRA A Self Directed IRA is an IRA account which you directly control and direct into investments of your choosing.  Investment Real Estate is one of the more popular options for using a Self-Directed IRA, otherwise known as a Checkbook IRA, Real Estate IRA or Self Directed IRA LLC. The self- directed IRA allows you [...]
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Will the courts review the fairness of my Marital Property Settlement Agreement?

In an uncontested divorce, the court nearly always approves the agreement of the parties if it is generally fair and the court is convinced that the agreement was entered into by both spouses without fraud or coercion. Often the court may want to review financial affidavits attached to the agreement in order to determine its [...]
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