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Can I deduct atty fees for contesting a will in Maine? I…

Customer Question
Can I deduct atty...

Can I deduct atty fees for contesting a will in Maine?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

I live in Fl but the case is in Maine.

Lawyer's Assistant: What documents or supporting evidence do you have?

The paperwork from the whole process which took over 2 years.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We settled the case thru mediation.

Submitted: 23 days ago.Category: Family Law
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Answered in 31 minutes by:
3/27/2018
Family Lawyer: Loren, Lawyer replied 23 days ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 37,266
Experience: 30 plus years of experience.
Verified

I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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Family Lawyer: Loren, Lawyer replied 23 days ago

The basic rule is that you can deduct attorney's fees you pay to:

  • produce or collect taxable income, or
  • help determine, collect, or obtain a refund of any tax.

Simply put, you can take a deduction if you need an attorney's help to make money you’ll have to pay tax on; or if an attorney helps you with a tax matter, like representing you in an IRS audit.

As a general rule, attorney fees in a probate matter are not tax deductible.

I am sorry. I wish I could tell you otherwise, but I do not want you blindsided or incurring liability.

I am happy to continue if you have further questions.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Loren
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Category: Family Law
Satisfied Customers: 37,266
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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