Joint Tenant 704 homestead
Good afternoon Sevan,
I have a case I am getting ready to file with nearly the exact same
situation and I am wondering whether you received any feedback on your
issue or how you ultimately handled the scheduling? Thank you for any
feedback you might be able to provide and be well.
Joel Feinstein
On Tue, Oct 16, 2018 at 8:52 AM sgorginian@gmail.com [cdcbaa] wrote:
>
>
> Hello everyone -
>
>
> My cousin wants to file bk (young 24 year old) with $80k credit card
> debt. A little wrinkle is for estate planning purposes, his parents put
> him and his sister on title and title is held as joint tenants.
>
>
> So Mom+Dad+Sister+Client. So he's 25% JT.
>
>
> House $600k FMV with $450k loan leaving $150k equity.
>
>
> I have done research and read the case law but wanted to ask you all how
> you would put the info on schedule A because I am getting two versions.
>
>
> Some people say put 25% *of the FMV* so $162,500 but others say put 25%
> of the *Equity* so $37,500.
>
>
> I want to choose the latter and disclose everything and put $37,500 which
> is his share of JT and then use 704 exemption of $75k to protect.
>
>
> It's my uncle and aunt's house so I'm trying to be extra careful.
>
>
> Thank you very much for your feedback and thoughts...
>
>
> Sevan Gorginian
>
>
>
>
>
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Good afternoon Sevan,I have a case I am getting ready to file with nearly the exact same situation and I am wondering whether you received any feedback on your issue or how you ultimately handled the scheduling? Thank you for any feedback you might be ableto provide and be well.Joel FeinsteinOn Tue, Oct 16, 2018 at 8:52 AM cdcbaa@yahoogroups.com> wrote:
Hello everyone -My cousin wants to file bk (young 24 year old) with $80k credit card debt. A little wrinkle is for estate planning purposes, his parents put him and his sister on title and title is held as joint tenants.So Mom+Dad+Sister+Client. So he's 25% JT.y.I have done research and read the case law but wanted to ask you all how you would put the info on schedule A because I am getting two versions.Some people say put 25% of the FMV so $162,500 but others say put 25% of the Equity so $37,500.I want to choose the latter and disclose everything and put $37,500 which is his share of JT and then use 704 exemption of $75k to protect.
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541(d) ?
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On Tuesday, October 16, 2018, 8:52:22 AM PDT, sgorginian@gmail.com [cdcbaa] wrote:
Hello everyone -
My cousin wants to file bk (young 24 year old) with $80k credit card debt.m and his sister on title and title is held as joint tenants.
So Mom+Dad+Sister+Client. So he's 25% JT.
House $600k FMV with $450k loan leaving $150k equity.
I have done research and read the case law but wanted to ask you all how you would put the info on schedule A because I am getting two versions.
Some people say put 25% of the FMV so $162,500 but others say put 25% of the Equity so $37,500.
I want to choose the latter and disclose everything and put $37,500 which is his share of JT and then use 704 exemption of $75k to protect.
It's my uncle and aunt's house so I'm trying to be extra careful.
Thank you very much for your feedback and thoughts...
Sevan Gorginian
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