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socrateaser
socrateaser, Lawyer
Category: Tax
Satisfied Customers: 38802
Experience:  Retired (mostly)
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I got a tax letter from state of california my ex husband

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i got a tax letter from state of california my ex husband died in 8/8/2014 he has been off title of my home recorded in 2013 we divorced 7-30-2010 he did not file his taxes for 2013 am i responsible will i have to pay them
JA: The Accountant will know how to help. Is there anything else the Accountant should be aware of?
Customer: im not sure if he even worked we had no contact i filed my taxes it may be from equity of our home which i claim not sure why he got this have no clue what to do

Hello,

Are you talking about an "income tax" notice?

Customer: replied 8 months ago.
Notice of state income tax due franchise tax bill

Okay, thanks.

If you were divorced before the year that your ex-spouse owed taxes, then you are not liable. Get a copy of your marital dissolution judgment (Judicial Council Form FL-180 -- 2 pages) from the family court clerk in the county where the divorce was filed, send it to the FTB with a short note explaining that you're no longer married, and they will close the case.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Customer: replied 8 months ago.
the house is not gonna get a lien put on it ? His name is ***** ***** it

No, because you don't owe the tax. The FTB won't do anything for at least 30 days They just don't know you're divorced, that's all. So, explain it to them, and you'll be okay.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Customer: replied 8 months ago.
Do I need to show death certificate also

No. Your ex's death is irrelevant. All that matters is whether or not you were married when he earned the income that the FTB wants to hold you responsible for.

You weren't married, so you're not responsible.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Customer: replied 8 months ago.
The letter is not in my name I was just concerned 2013 house recorded in my name making sure they can't lean it

I can't evaluate the status of your property rights without reviewing the deed, your divorce judgment, and all of the collateral documents (deeds of trusts, loan instruments, etc.). If you want a comprehensive review and you would like me to deal with the FTB on your behalf, I can send you a premium services offer, and we can take the discussion offline. Please let me know if you're interested.

Otherwise, the best that I can do, given the info you've provided is what I've suggested. I'm not trying to be difficult, but you seem to be looking for an absolutely definitive answer, and that's simply impossible to provide in this forum, because I don't have all of the facts and documentary evidence to review.

Note: I'm a California lawyer, and I handle taxes, estates, and real estate matters, among other things, as part of my legal practice.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Customer: replied 8 months ago.
Can you give me idea of cost I could use the help thank you for your time I appreciate it

Website policy prohibits me from negotiating price or terms at the website. All I can do is provide the offer. If we can't come to terms, you don't have to hire me.

I'll send the offer, and you can accept or decline at your discretion.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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