My mom is being held up for 30k

[IloveTHIS]

First of all, were of course going to talk with a lawyer but I just wanted to gauge Mayberrys thoughts first.

My father before he passed away owned a small convenience store, who he rented out to a buddy. As far as I know, this was on a handshake basis because I guess they were friends(my dad was too friendly for his own good sometimes.) So technically the land and the store has always been in my dads name and now my mothers, but this other guy that actually ran every bit of it had been running it for 15+ years

Come to find out the guy filed bankruptcy, and had skipped out on paying state taxes for who knows how long. So now my mother gets a letter saying she owes 30k in state tax. Thirty fucking grand. I have a bad feeling since the store is ultimately in her name, that were going to have to get fucked on this. But is there any chance at all of getting this waved? Small claims court, or maybe some kind of relief through the government?

Fucking horrible news. I hate this for her. She worked hard her whole life and now might have to pay out 30k because my dad was too nice to a friend.

 

[MMA since 1993]

I don't think 30k is small claims.

Is the guy dead? If not, kill him.

 

[Medical Marijuana Man]

Title sounded like she was a hostage

 

[ToxicShocker]

What state? sole proprietor or corporation?

I used to work for the board of equalization

 

[IloveTHIS]

What state? sole proprietor or corporation?

I used to work for the board of equalization

that I am not positive, I havent been there since I was a kid and like I said my family has had nothing to do with it forever, just rented it out to the guy. I think sole proprietor but Ill have to double check tomorrow

I don't think 30k is small claims.

Is the guy dead? If not, kill him.

Youre right, I think small claims is anything under 5k. man I hope to shit I never find out who he is and where hes at. I really do worry Ill do something stupid and make the situation worse. fucking lose just files for bankruptcy and is let of the hook, and the hook is left stabbed through our cheek

 

[ToxicShocker]

what state did your father live in?

does your mother and father file jointly?

does your mother live on social security only?

 

[IloveTHIS]

what state did your father live in?

does your mother and father file jointly?

does your mother live on social security only?

Indiana

Just in his name

No

 

[ToxicShocker]

You don't need a lawyer, but you do need a Indianian CPA. They know how deep the state's tax rules go into different types of business entities. You also need to know community property law for your state. According to http://statelaws.findlaw.com/indiana-law/indiana-marital-property-laws.html you may be in the clear. His assets and debts may end with his death.

Talk to a CPA.

And if your mom's income were minimal the state cant try and collect from it anyways.

 

[IloveTHIS]

You don't need a lawyer, but you do need a Indianian CPA. They know how deep the state's tax rules go into different types of business entities. You also need to know community property law for your state. According to http://statelaws.findlaw.com/indiana-law/indiana-marital-property-laws.html you may be in the clear. His assets and debts may end with his death.

Talk to a CPA.

And if your mom's income were minimal the state cant try and collect from it anyways.

It was transferred over to his name after he passed. She was actually planning on selling the store soon.

edit: But I will definitely look into that with her. I'm willing to pursue any avenue to allow her to keep/sell the store with out forcing her to eat that 30k.

 

[ToxicShocker]

Selling the real estate property that contains the store?

Selling the running business?

selling the defunct business's name and goodwill?

 

[blaseblah]

Selling the real estate property that contains the store?

Selling the running business?

selling the defunct business's name and goodwill?

This sounds like it should more than cover it.

Pay the bills, then go after this guy.

 

[SmilinDesperado]

This sounds like it should more than cover it.

Pay the bills, then go after this guy.

Sherdog street justice

 

[ralphc1]

If you own property, you are responsible for the property taxes being paid. Even if you have a rental agreement that the renters pays the taxes, the owner is responsible.

If your name is on the business license, you are responsible for the taxes for the business.

I'm surprised that they let the business operate without paying taxes for more than one year.

 

[Der Eisbär]

Sell all of it, walk away.

Learn from your dads mistakes: never do "handshake" deals no matter how good of a friend they are

 

[Kanuck99]

You could burn it down.

 

[Teppodama]

There are only two real options for resolution:

1. Start barebacking to make that 30k. It's for you mom and you love your mom right?

2. Enter yourself into an underground street fight tournament so you can earn that money like a man while some of the Rocky soundtrack plays in the background.

 

[Jack Reacheround]

How could the gu have filed bankruptcy on behalf of the store I’d be didn’t own it? Is that legal? If not, all you have to do is prove he didn’t own it.

 

[mjmj]

Something doesn't make sense here. Is this a real estate tax, or business taxes he didn't pay?

 

[MaxMMA]

I'm no lawyer, but I don't think they can make your granny pay taxes on a business she doesn't own, even if said business is on her property.

 

[Scott Parker 27]

You could burn it down.

A little jewish lightning??