Jump to content


Photo

Legal & Tax Questions please


  • Please log in to reply
9 replies to this topic

#1 nemoryer2012

nemoryer2012

    Member

  • Members
  • Pip
  • 14 posts

Posted 25 December 2012 - 08:04 PM

Please help.


These are my longtime friends, they are in their 50's. They live in CA.

Facts:
1) They are in process of divorce
2) Wife is bipolar (been sick for decades) with or w/o meds.
3) Last week, they had argument and she pulled out 2 knives and after restraining her, he called 911 and they arrested her, she's in jail now. No one in the family wants to get involved, nor help cough up the $100,000 bail (=$10k).
4) They are saying she will be charged with felony assault with deadly weapon.
5) Can she plead it down to something less? The husband is sorry about what happened and that he should have been more patient with her knowing about her bipolar and about discussing upsetting divorce issues with her. Too late for that.
6) He also has questions about their tax returns, there is restraining order against her, so how does he get her to sign the returns (while she's in jail)? Through her public defender?
7) She has a public defender.
8) Hearing is January 6, 2013.
9) What happens to her 1/2 proceeds of the house sale should she be sent to jail?

Thank you, please help with any information, as much as you can.

#2 LegalwriterOne

LegalwriterOne

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 4,705 posts

Posted 26 December 2012 - 08:23 AM

If the DA makes an offer of a lesser charge, she can certainly take the deal. It's entirely up the prosecutor what charges are filed and whether any offers are made. He can contact the DA's office and talk to them about what he wants. They don't have to listen but often they will. As to the tax returns, he can either have someone go visit her and have her sign them, call the jail facility to see if he can take them down there for them to get her to sign or contact her PD to see if they will help. Her share of the proceeds of the sale of the marital home are still hers. He can put the money into an account in her name. If the house hasn't closed escrow, there's going to be another problem because the signatures on the documents have to be notarized....Consult local counsel.

#3 califmom1450

califmom1450

    New Member

  • Members
  • 1 posts

Posted 26 December 2012 - 07:52 PM

You can call a mobile notary to go to the jail and notarize the tax returns. The husband must bring the wife's current photo i.d. for the notary and pay the fee. Look online for a mobile notary locally.

#4 Tax_Counsel

Tax_Counsel

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 17,639 posts

Posted 27 December 2012 - 07:18 AM

You can call a mobile notary to go to the jail and notarize the tax returns.


Tax returns do not get “notarized.”

#5 pg1067

pg1067

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 45,837 posts

Posted 27 December 2012 - 12:33 PM

Can she plead it down to something less?


Your post suggests she hasn't been charged yet. What she gets charged with and whether the DA is willing to enter into a plea bargain is entirely up to the DA. The husband is free to contact the DA and express his opinions.


He also has questions about their tax returns, there is restraining order against her, so how does he get her to sign the returns (while she's in jail)? Through her public defender?


Well...if she's in jail, then the only way to get her signature is by visiting her personally or by going through her PD or the sheriff in charge of the jail facility. If he visits her, that's not a violation of the restraining order. Of course, if he uses the married and separate filing status, he won't need her to sign anything (which isn't to say that's necessarily the better option for him, but it is AN option). And, since tax returns aren't due for another 4 1/2 months, this seems to be a bit of a premature concern.


What happens to her 1/2 proceeds of the house sale should she be sent to jail?


Not really sure what you mean by this. For starters, with a divorce pending, sale of a major asset such as a house requires the written agreement of both spouses or a court order. We also don't know if any "proceeds" will be paid by issuance of a joint check or by a wire transfer into a joint account. Obviously, the latter would be a bit simpler since the husband won't have to get his wife to endorse the check. And, of course, there will be a whole bunch of documents that the wife will have to sign in order for the house to be sold (e.g., real estate agent contract, listing agreement, offers, counteroffers, escrow instructions, etc., etc.). The wife could choose to foul up this process or she could sign a power-of-attorney for her husband or someone else. And, once the "proceeds" are received they presumably will be community property. What happens to any "proceeds" will depend on the mutual agreement of the parties or order of the divorce court.

With a divorce pending, a major asset like a house, and a wife in jail potentially for a long time, the husband needs to be consulting with a local divorce attorney.

#6 Guest_FindLaw_Amir_*

Guest_FindLaw_Amir_*
  • Guests

Posted 27 December 2012 - 01:17 PM

I agree with the previous poster, the husband may wish to consult with a local Divorce Lawyer to advise him on this matter.

#7 Tax_Counsel

Tax_Counsel

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 17,639 posts

Posted 28 December 2012 - 11:40 AM

And, since tax returns aren't due for another 4 1/2 months, this seems to be a bit of a premature concern.


Individual income tax returns for 2012 are due April 15, 2013, which is about 3½ months away from today. In addition, you may apply for the automatic 6 month extension to file the return to October 15, 2013. So, typically the only reason to really be concerned about filing the return now is if you have a big refund coming that you want to claim right away.

#8 nemoryer2012

nemoryer2012

    Member

  • Members
  • Pip
  • 14 posts

Posted 07 January 2013 - 08:08 AM

The couple is my friend (of many years).

There is a restraining order against the wife who is in jail so Husband cannot see her and her Public Defender is very uncooperative, rude and wants nothing to do with Husband.

Wife went to jail before Christmas and arraignment is next week. They think she will either be sent to hospital (due to bipolar illness) or jail.

They've always filed JOINT RETURNS in the past. What should he do now?

Thank you.

#9 adjusterjack

adjusterjack

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 3,741 posts

Posted 07 January 2013 - 10:52 AM

Here are some responses from another site:

http://answers.yahoo...16080553AAAcgqW

There may be several options.

Best advice: Hire a tax pro for professional advice on the best way to handle this.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#10 pg1067

pg1067

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 45,837 posts

Posted 07 January 2013 - 12:04 PM

There is a restraining order against the wife who is in jail so Husband cannot see her


That's not accurate. Unless you're not characterizing it accurately, the restraining order restricts what the wife can do. It does not restrict what the husband can do.


her Public Defender is very uncooperative, rude and wants nothing to do with Husband.


Seeing as how your friend likely isn't in any position to file his income tax return yet (and certainly wasn't in such a position at the time you posted the original post in this thread), it might behoove him to wait until he has all of the necessary information and documents to prepare the return, at which time he can approach the PD with a form ready for the wife to sign.


They've always filed JOINT RETURNS in the past. What should he do now?


We're in no position to assess what he should do because we have almost no relevant information. I listed his options clearly in my prior response, so it's up to him to decide what to do. Here, again, are his options: He has the option of filing as "married and separate." He might have the option of filing as "head of household," but I have no idea if he qualifies. If he wants to file a joint return, then he'll have to get her signature or obtain her consent to an electronic signature for an electronic filing. If she's in jail (or otherwise in custody), then the only way to get her signature will be to visit her personally or go through her PD or the sheriff or other person in charge of the facility in which she is incarcerated or otherwise confined.




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users