Probate Administration

The term probate is used to describe the legal process of managing and resolving a deceased individual’s last wishes pertaining to transferring assets, paying debts, and, at times, exercising rights or obligations pursuant to the law.  A probate petition is commonly filed by one or more of the designated personal representatives in a decedent’s Will (The term personal representative is commonly known as an executor in other states). There are also times when a person dies intestate, or without a valid enforceable Will, and a petition to open a probate estate is filed by one or more of the beneficiaries.   While the probate process is usually conducted in a handful of scenarios, the family and personal relationships of a decedent are frequently getting more complex and unique requiring a skilled and trained lawyer to maneuver through the hurdles of handling the administration of a probate estate.

Wills & Trusts

A Last Will and Testament is a legal document that contains a person’s last wishes addressing the disposition or transfer of a person’s probate assets.  Identifying what is a probate asset and the methods to transfer those types of assets in accordance with a person’s last wishes can get complicated.  The idea is to prepare a plan that adopts the testator’s (a term used for the person signing the Will) objectives while address the unpredictability of the future and life events.  Tools that are used in addition to a Will, are trusts and other legal documents to create an overall estate plan.  There are some documents that may always be changed, while other documents may be limited to change (such as, an irrevocable trust) that are usually used in complex tax or asset protection planning techniques.

Tax & Complex Estate Planning

Anidjar Law helps clients prepare and customize a unique plan that best meets their objectives incorporating strategies to minimize taxes and protect assets.  Since every clients’ circumstances and objectives are distinct, we strive to implement a personal approach that offers open and periodic communication.  We find this approach most useful in allowing our clients the ability and time to balance their wishes with the legal realities that do not usually align harmoniously.

Business Succession

Small business owners are in many ways the heart of a business.  There are both anticipated and unforeseen events that demand succession planning to save the heart of the business, metaphorically speaking.  Examples include retirement, owners disputes, death or incapacity, or preservation of a businesses value

Probate Litigation

Unfortunately, there are times when disputes arise between parties involved in the administration of an estate. These disputes vary widely and an experienced attorney with a background in wills, trusts, probate, tax and business law are vital to finding a practical solution to the complex problem.  Several issues that may arise and require legal representation include the following:

Tax Audits & Appeals

The IRS conducts audits for a multitude of different legal issues or concerns.  These audits are of a diverse selection of taxpayer types that include individuals, trusts, estates, partnerships, or corporations, to list just a few.  These audits can be complex from not only a substantive point of view, but also procedurally.

Tax Collection & Appeals

Anidjar Law helps taxpayers, both businesses and individuals, who are stuck in a predicament linked to substantial federal tax debt.  Whether it is a multi-year non-filer who must not only have past due tax returns prepared, but requires assistance in seeking a collection alternative or plan to pay the United States Treasury/Internal Revenue Service over a period of time that is manageable and agreeable to both the taxpayer and the government.  Anidjar Law helps its clients negotiate settlements, payment plans, or penalty abatements (or refunds) that take into consideration the client’s unique factual and financial circumstances.

Nonfiled or Delinquent Returns

While not all taxpayers have a filing obligation, most do and sometimes taxpayers avoid, ignore, or delay the filing of a tax return. The IRS has specific delinquent return procedures for dealing with these types of situations, but there could be substantial financial or even criminal penalties for a multi-year delinquent taxpayer. Unfortunately, many taxpayers believe that it is better to wait to file a tax return until they are able to pay the taxes owed. While there are penalties for non-payment of taxes, there are also substantial penalties for non-filing of a tax return.

Innocent Spouse Relief

The federal tax laws provide a benefit to married couples that allow a married couple to file a joint tax return. A joint tax return will report all taxable income whether earned from a spouse separately, such as, wages from an employment or jointly, like rental income from jointly owned real property. Unfortunately, there are times when one spouse is unaware, mislead, or tricked by the other spouse when it comes to reporting income, paying taxes, or other tax return issues. The law allows the IRS to hold either spouse of a marriage filing a joint tax return liable for the total tax due for that specific tax return and year. The legal term for this concept is joint and several liability.

Tax & Refund Litigation

The Trust Fund Recovery Penalty is used by the IRS when an agent (a person or entity in charge of acting on behalf of another) collecting taxes on behalf of the IRS does not collect those taxes or fails to remit the tax collected the IRS. The most common example of this occurrence is for employers who are responsible for withholding income and payroll taxes from an employee paycheck, but do not remit the money withheld to the IRS, usually in the form of estimated tax deposits (and the filing of Form 941).

PPP Loan Forgiveness

Did you receive a PPP loan and are now concerned about how to request loan forgiveness? Seeking the assistance of an Attorney-CPA who can navigate the complexities surrounding the CARES Act and SBA rules and guidance. At Anidjar Law our objective is provide practical solutions to complex programs. Call us today and we will make sure to maximize your loan forgiveness pursuant to the federal laws and regulations.