The IRS has created[when?] the IRS Identity Protection Specialized Unit to help taxpayers' who are victims of federal tax-related identity theft.[72] Generally, the identity thief will use a stolen SSN to file a forged tax return and attempt to get a fraudulent refund early in the filing season. A taxpayer will need to fill out Form 14039, Identity Theft Affidavit.[73][74]
You must sign and notarize the original power of attorney document, and certify several copies. Banks and other businesses will not allow your agent to act on your behalf unless they receive a certified copy of the power of attorney. Attorneys are unnecessary to execute a power of attorney. However, it may be wise to consult one for advice about the powers being granted, to provide counsel on your candidate agent, and to make sure your document meets all legal requirements.
A power of attorney is a document that lets you name someone to make decisions on your behalf. This appointment can take effect immediately if you become unable to make those decisions on your own. For example, if you become mentally incapacitated, or leave the country for a period of time, you would be unable to make these important choices for yourself.
There are several very low costs, or even free, online services available to draft documents commonly used during estate planning, such as wills, trust, durable powers of attorney and healthcare proxies. These online services, as presented, seem to be a very good alternative for most people. So, are the benefits of using an estate planning advisor is not worth the expense?
A power of attorney is valid only if you are mentally competent when you sign it and, in some cases, incompetent when it goes into effect. If you think your mental capability may be questioned, have a doctor verify it in writing. If your power of attorney doesn't specify requirements for determining mental competency, your agent will still need a written doctor's confirmation of your incompetence in order to do business on your behalf. A court may even be required to decide the competency issue in some circumstances.
The Texas tax power of attorney form, also known as Form 86-113, allows another person to handle one’s tax filing. The powers granted to the tax representative permits them to perform a wide range of transactions on the behalf of the taxpayer. Such actions include providing information and discussing issues relating to an audit, receiving notices from the Comptroller, entering into written agreements, and providing…
The only legal requirements to be an agent are that the person is of sound mind and at least eighteen years of age. Your agent must be someone whom you trust. Your agent has the legal obligation to act in your best interest, to keep records of transactions, not to mix your property with his, and not to engage in any conflict of interest. However, an agent still has the potential to act unlawfully, so it is important to trust the person you select.
Estate planning is an ongoing process and should be started as soon as an individual has any measurable asset base. As life progresses and goals shift, the estate plan should shift in line with new goals. Lack of adequate estate planning can cause undue financial burdens to loved ones (estate taxes can run as high as 40%), so at the very least a will should be set up—even if the taxable estate is not large.
Standardized forms are available for various kinds of powers of attorney, and many organizations provide them for their clients, customers, patients, employees, or members. However, the grantor should exercise caution when using a standardized POA form obtained from a source other than a lawyer because there is considerable variation in approved formats among the states.[8] In some jurisdictions statutory power of attorney forms are available.[18]
Keep the original forms in a safe place. In Texas, you do not have to submit the power of attorney forms to any agency for it to be valid. You just have to keep an original or copies with you at all times in case you may need it in the future. You might want to keep the original document in a safe at home or in a safe deposit box at a bank. If a lawyer drafts a power of attorney for you, they will automatically keep the original documents on file in their office.
Your executor would still be responsible for sorting out the estate, which could take 6 to 18 months depending on the intricacies. Imagine your eldest child spending the next year and a half traveling back and forth to court hearings when they should be mourning your passing. It doesn’t sound fun, but it’s a possibility if you haven't left a clear and well-drawn will and/or trust documents.
With a trust you initially serve as trustee and manage the property. If you become disabled or pass away, the successor trustee, or trustees, you named in the trust agreement automatically takes over management of the property. After you pass away, the trust property is managed and distributed according to the terms of the trust. The courts aren’t involved.
Before our firm drafts any power of attorney, we will sit down and learn more about your specific circumstances. In fact, after careful consultation, people sometimes determine that they do not wish to grant this type of authority to anyone. If you do decide to create a power of attorney, we will determine whether it becomes effective immediately, or only at the time of your incapacitation. Only after learning these things, can we draft the most appropriate power of attorney for your situation.
Keep the original and make copies of your living will. Keep your living will original document in a safe place that is easy to find. Do not put your living will in a hidden or locked place in your home, or in your safe deposit box at the bank. Give your healthcare providers and family members copies of your living will. Make sure healthcare providers put a current copy in your medical records where you get care, such as the hospital.
One relatively new aspect of estate planning is digital assets. Things like email accounts, social media pages, blogs, websites, and media stored in the Cloud all qualify as digital assets, and you’ll need to decide who gets which assets after you pass away. Many of us now use Cloud services to store our family photos and videos instead of traditional photo albums and physical videos, so your family will want to be able to access these cherished memories.
Identity theft complaints as a percentage of all fraud complaints decreased from 2004-2006.[60] The Federal Trade Commission reported that fraud complaints in general were growing faster than ID theft complaints.[60] The findings were similar in two other FTC studies done in 2003 and 2005. In 2003, 4.6 percent of the US population said they were a victim of ID theft. In 2005, that number had dropped to 3.7 percent of the population.[61][62] The Commission's 2003 estimate was that identity theft accounted for some $52.6 billion of losses in the preceding year alone and affected more than 9.91 million Americans;[63] the figure comprises $47.6 billion lost by businesses and $5 billion lost by consumers.
The Texas motor vehicle power of attorney form, also known as VTR-271, allows a person who owns a vehicle located in Texas to transfer its ownership through the use of an agent he or she selects. The person chosen must sell the vehicle in the best interests of the principal and should forward all sale proceeds to the principal. When completing the form, an accurate…
There is an active market for buying and selling stolen personal information, which occurs mostly in darknet markets but also in other black markets.[40] People increase the value of the stolen data by aggregating it with publicly available data, and sell it again for a profit, increasing the damage that can be done to the people whose data was stolen.[41]
Before our firm drafts any power of attorney, we will sit down and learn more about your specific circumstances. In fact, after careful consultation, people sometimes determine that they do not wish to grant this type of authority to anyone. If you do decide to create a power of attorney, we will determine whether it becomes effective immediately, or only at the time of your incapacitation. Only after learning these things, can we draft the most appropriate power of attorney for your situation.
One of the major identity theft categories is tax identity theft. The most common method is to use a person's authentic name, address, and Social Security Number to file a tax return with false information, and have the resulting refund direct-deposited into a bank account controlled by the thief. The thief in this case can also try to get a job and then their employer will report the income of the real taxpayer, this then results in the taxpayer getting in trouble with the IRS.[23]
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