The post Contesting a Will: Grounds and Legal Procedures appeared first on Jeffrey M. Rosenblum, P.C..
]]>Before embarking on the daunting journey of contesting a will, it’s crucial to establish whether there are substantial grounds to do so. Here are common reasons that may warrant such an action:
This occurs when the decedent is believed to have lacked the mental capacity to understand the extent of their property or the effects of signing a will at the time the document was executed.
Undue influence implies that the decedent was pressured or coerced into creating the will in a way that does not reflect their true intentions, often benefitting the influencer.
If it’s suspected that the will was tampered with, or the decedent was tricked into signing it under false pretenses, such actions could constitute fraud or forgery.
A will must adhere to the legal formalities of signing and witnesses as dictated by state law. Failure to do so may render it invalid.
Sometimes, wills contain errors or are unclear, potentially causing disputes among potential heirs or beneficiaries.
Once the grounds to contest are identified, what follows is a structured legal process:
Compiling documentation and testimony that support your claim is the first step.
You will need to formally file a challenge against the will in probate court.
During discovery, both parties exchange information and evidence pertinent to the case.
Before reaching trial, parties may attempt to resolve the matter out of court through mediation or a settlement.
If no resolution is found, the case will go to trial where a judge or jury will determine the outcome.
Here are valuable tips for those considering a challenge:
Due to the intricacy of these cases, enlisting the expertise of a seasoned attorney is advised.
Amass as much evidence as possible to build a solid case.
Contesting a will can be lengthy and demanding—prepare mentally, emotionally, and financially.
Concluding the matter outside of court can save time and resources.
Remember, challenging a will is a significant legal endeavor, and it is one that requires detailed knowledge of state laws and procedural nuances. To navigate these waters successfully, it’s crucial to have a reliable and experienced attorney who can offer the insight and representation necessary to ensure that your interests are accurately represented and defended. Jeffrey M. Rosenblum, P.C. is equipped to provide the expertise and compassionate guidance you need during these challenging times.
Contesting a will is never easy, but having a knowledgeable Armonk estate planning attorney by your side is invaluable. Jeffrey M. Rosenblum, P.C. offers over 40 years of legal experience to clients throughout Armonk, Great Neck, Rockville, Melville, Brooklyn, and beyond.
If you find yourself in need of assistance in contesting a will, or seeking guidance on any other estate planning issues, don’t hesitate to contact us. Schedule a consultation today by calling 866-637-7300 and take the first step towards securing your future and protecting your rights.
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]]>The post New York Bankruptcy Court’s Ruling Disqualifies Partially Disputed Creditor from Involuntary Bankruptcy Petition appeared first on Jeffrey M. Rosenblum, P.C..
]]>There exists a divergence among bankruptcy courts regarding whether a dispute on any part of a claim, even if some portion remains undisputed, constitutes a bona fide dispute on the claim’s amount, thereby disallowing the filing of an involuntary petition under 11 U.S.C. § 303(b)(1). In certain circuits like the First, Fifth, and Ninth, a creditor lacks standing as a petitioning creditor under 11 U.S.C. §303(b)(1) if any part of their claim is subject to a bona fide dispute over liability or amount.
The Second Circuit has not yet made a definitive ruling on this matter. However, in a recent development, Honorable Lisa G. Beckerman of the United States Bankruptcy Court for the Southern District of New York ruled in the case of In re TV Azteca, S.A.B. de C.V., et al, 2023 WL 8059362 (Bankr. S.D.N.Y. Nov. 20, 2023) (“TV Azteca”), dismissing certain involuntary petitions on grounds that bona fide disputes over a portion of the petitioning creditors’ claims disqualified those creditors under 11 U.S.C. §303(b)(1).
The debtor in question, TV Azteca, is a Mexican mass media corporation. In 2017, it issued $400 million in unsecured notes under an indenture governed by New York law. The indenture allowed proceedings against TV Azteca to be held in New York state or federal courts in Manhattan.
TV Azteca defaulted on the indenture and notes by failing to make interest payments. On multiple occasions, certain beneficial owners of the notes served notices of acceleration upon TV Azteca and the indenture trustee. Concurrently, TV Azteca disputed liability for a redemption premium, contesting that no voluntary redemption had occurred.
Several note holders filed involuntary petitions for relief under 11 U.S.C. § 303 against TV Azteca and the guarantors in the United States Bankruptcy Court for the Southern District of New York on March 20, 2023. However, the debtors moved to dismiss the petitions, citing bona fide disputes over the petitioning creditors’ claims, particularly regarding the redemption premium.
Section 303(b)(1) of the Bankruptcy Code stipulates the conditions for filing an involuntary case. Petitioning creditors must establish a prima facie case showing no bona fide dispute regarding their claims. Judge Beckerman found that the petitioners had met this burden based on submitted evidence.
However, the burden then shifted to the debtor to demonstrate the existence of a bona fide dispute. The debtors argued that the District Court Action evidenced such a dispute. Judge Beckerman agreed that the issue of the redemption premium was in dispute, but the crucial question remained: whether the dispute over a portion of the petitioners’ claims rendered them ineligible as involuntary petitioners under 11 U.S.C. § 303(b)(1).
Judge Beckerman sided with the approach taken in certain circuits, concluding that the dispute over the redemption premium disqualified the petitioners. She distinguished this case from precedents like In re Manolo Blahnik USA, Ltd., based on various factors.
This ruling in TV Azteca highlights a divide within the Second Circuit regarding involuntary bankruptcy petitions. It underscores the importance for potential petitioning creditors to meticulously assess their claims, as any bona fide dispute could lead to dismissal under 11 U.S.C. §303(b)(1). Moreover, creditors must strategize their collection and litigation efforts effectively, as they cannot unilaterally claim portions of related claims as undisputed to qualify as petitioning creditors.
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]]>The post The Pitfalls of Credit Repair: Why You Need a Tax Advocacy Attorney appeared first on Jeffrey M. Rosenblum, P.C..
]]>Many credit repair companies operate by promising unrealistic results that they can’t deliver. They may also request hefty upfront fees for their services, even though legitimate credit counseling organizations will never charge you in advance for advice or assistance. You might find yourself vulnerable to outright scams, so it’s important to do your research and seek the help of a trustworthy legal professional who has experience in tax and debt-related matters.
Be cautious of things like:
Another major problem with credit repair companies is the lack of transparency. Some of them may hide essential details about their fees and the services they offer, leaving you in the dark regarding the true cost of their assistance. Worse still, some might not even do the work for which you’re paying them! By working with a tax advocacy attorney in Great Neck, New York, you can receive comprehensive and transparent counsel on the most effective strategies for repairing your credit, without the threat of any sneaky surprises.
Credit repair companies also usually offer limited results. While they may be able to remove some negative items from your credit report, they can’t do anything that you can’t do yourself– such as disputing errors on your credit report, settling debts with debt collectors, or challenging collections agencies on time-barred debt. You may wind up paying for a service that could potentially only have a small effect on your creditworthiness. A tax advocacy attorney, on the other hand, will not only provide you with comprehensive credit counseling services, but can also offer you advice on other matters surrounding your finances.
The most significant reason to hire a tax advocacy attorney for credit repair is for legal protection. Credit report disputes can get complicated and may need an expert who knows the intricacies of the law to add weight to your case. In contrast to credit repair companies who may only offer limited and ineffective services and operate in something of a gray area, having an attorney represent your interests can help ensure that you are in full compliance with the law and your rights are fully protected.
Finally, credit repair companies provide limited support which usually ends once your contract expires. They may have no personal investment in your success and will move on to other clients as soon as your case is closed. An attorney, however, will be able to offer long-term support as you work to rebuild your credit and improve your financial security. Whether it’s negotiating with creditors, contesting inaccurate information, or taking legal action, your attorney has the resources to support you through all areas of your financial life.
While credit repair companies might promise quick solutions to your bad credit score, working with an experienced tax advocacy attorney in Great Neck, New York is the better option. With the help of a devoted attorney who is well-versed in tax advocacy and credit counseling, you can benefit from a full range of trusted and transparent services that best suit your financial goals.
Contact Jeffrey M. Rosenblum, P.C. by calling 866-637-7300 to schedule your confidential consultation today.
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]]>The post How to Prove Lack of Testamentary Capacity When Challenging a Will in New York appeared first on Jeffrey M. Rosenblum, P.C..
]]>Certain conditions must be met for a will to be considered valid, including that the person executing it had testamentary capacity. To have testamentary capacity in New York, the testator must have:
Lack of testamentary capacity means the testator failed to meet one or more of these standards at the time the will was executed due to unsoundness of mind and memory. For example, they may not have comprehended they were making a binding will, did not grasp assets they owned, or could not recognize close relatives. In such situations, the will would be deemed invalid.
There are several types of evidence that can demonstrate a lack of testamentary capacity. These include:
An experienced New York estate litigation lawyer can help you identify and collect the required evidence.
To successfully contest a will, the challenging party must prove the testator’s incapacity at will execution by a preponderance of the evidence – in other words, that the evidence assembled shows that it is more likely than not that the testator was not of sound mind when their will was executed. An attorney can help you present your case through medical records, witness accounts, expert testimony, and other relevant evidence. The narrative should be coherent and consistent regarding the testator’s lack of capacity.
Medical experts are often necessary to interpret medical evidence, since medical records can often be inconclusive on their own. Furthermore, it is worth remembering that contemporaneous accounts carry more weight than after-the-fact testimony.
Courts apply a high bar for finding incapacity, which is why a skilled attorney who knows how to locate, collect, and interpret evidence to that fact is such a critical ally.
All probate matters can create a great deal of anxiety and open up divisions between family members. Contesting a will on the grounds of a lack of testamentary capacity can be a particularly challenging situation to manage. It requires rigor in gathering and presenting evidence, as courts have a high bar for finding a lack of capacity.
Working with an experienced New York estate litigation attorney can optimize your chances of a favorable outcome. The seasoned legal team at Jeffrey M. Rosenblum, P.C., recognizes the sensitivity of these matters. We will provide you with the counsel and advocacy you need throughout the process, and we will support you as you take the next steps should your challenge prove successful. Contact us today for a free consultation to learn more about how we can help you.
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]]>The post How to Appeal an IRS Decision – And How a Brooklyn Tax Attorney Can Help appeared first on Jeffrey M. Rosenblum, P.C..
]]>That’s where a Brooklyn tax attorney like Jeffrey M. Rosenblum steps in, offering invaluable insights and strategies.
It’s important to know that IRS appeals must be based on issues related to federal tax law. In other words, you can’t appeal an IRS decision on moral, religious, or political grounds. If you want to appeal an IRS decision, here are the basic steps of the process:
IRS appeals offices operate independently of the IRS office that conducted the initial examination. The appeals office serves as the only level of appeal within the IRS. You can visit the office in person, talk to a representative over the phone, or send them documents through the mail.
If you’re considering appealing, the documents you receive from the IRS will guide you on how to request a conference with an appeals officer. Depending on your case’s specifics, the IRS will specify whether you should file a small case request or a formal written protest.
Once you’ve made your appeal, the examiner will forward your conference request to the appeals office, who will arrange a conference to discuss your appeal. During this conference, you or your representative will discuss all contested issues.
If you go through all the steps above and still disagree with the IRS’ decision, you can take your case to tax court. Be sure to speak with an attorney before taking your case to trial, as there are substantial risks and costs associated with disputing IRS decisions in court.
IRS appeals frequently hinge on complex tax questions, and the high stakes involved make it essential to work with an experienced, knowledgeable attorney. Here are some ways Jeffrey M. Rosenblum can help with your IRS appeal:
Enlisting the help of a tax lawyer increases the likelihood of a successful appeal and helps ensure the process is managed with diligence and professionalism. If you need assistance with an IRS appeal, attorney Jeffrey M. Rosenblum can help. Call our office at (866) 637-7300 or complete our contact form for a consultation.
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]]>The post The Top Five Things to Know About Contesting a Will in New York appeared first on Jeffrey M. Rosenblum, P.C..
]]>You must have valid legal grounds to contest a will in New York. Reasons to challenge a will may include the following:
Without evidence to support one of these claims, you will not have legal standing to contest the will. An experienced estate litigation attorney can analyze the facts of your case and advise you on the strength of your position.
The New York timeline to contest a will may vary depending on the grounds used to pursue the will contest. In most but not all cases, you have two years from the date the will was admitted to probate to file a petition.
No matter how far away it seems, the deadline comes quickly. Moreover, key evidence and witnesses’ memories can fade over time, weakening your case. It is advisable to consult an attorney as soon as possible after you learn you wish to contest a will. An attorney can take swift action to challenge the will within the required timeframe.
Rather than endure the time, expense, and emotions of a full will contest proceeding in court, you may have the option to try to reach a settlement agreement. An experienced attorney can negotiate with the estate executor and other beneficiaries to see if the relevant parties will agree to a compromise.
For instance, you may be able to receive a portion of what you believe you should have inherited, saving everyone the hassle of litigation. Or the estate may agree to release a specified asset to you that has sentimental value. Settlement negotiations require strategic skill and a nuanced understanding of all parties’ interests. Your lawyer will advise you on the pros and cons of pursuing settlement versus litigation.
Contesting a loved one’s will is inevitably emotional. Not only are you mourning their loss, but you may feel a sense of anger, betrayal, and injustice when you learn of your exclusion or receive less than expected. Emotions may run high among other family members as well. Leaning on your lawyer for objective counsel and trusted loved ones for support can help you stay grounded.
Contesting a will is no simple matter. Understanding New York’s estate laws and procedures requires skill and experience. An estate litigation attorney should have in-depth knowledge of Surrogate’s Court rules and processes and be well-versed in crafting persuasive legal arguments. They will also bring a strategic approach and resolve to what may become a bitter dispute with family members. With an attorney experienced in these complex cases by your side, you can feel confident your case is in the right hands.
While contesting a will in New York can be challenging, working with a seasoned estate litigation attorney can help you feel confident that you are taking the proper steps. The experienced legal team at Jeffrey M. Rosenblum, P.C., will fight for your rights and interests so you can optimize your chances of a favorable outcome. With over 40 years of legal experience, you can count on us to stand up for what you deserve. Contact our offices today at 866-637-7300 for a free consultation to learn more about how we can help you.
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]]>The post Being Audited? Here’s How a Tax Lawyer Can Help appeared first on Jeffrey M. Rosenblum, P.C..
]]>Attorney Jeffrey M. Rosenblum has helped people in Armonk and throughout New York deal with tax audits. Our firm brings a comprehensive understanding of local, state, and federal tax laws, ensuring you’re fortified with a wealth of knowledge and experience. Keep reading to learn more about how an Armonk tax attorney can help you prepare for and overcome the challenges of an audit.
Your first thought after learning you have an upcoming audit may be to hire an accountant. However, tax attorneys bring much more to the table than accountants, especially in unusual tax situations. Here are a few benefits of hiring an Armonk, NY, tax lawyer for an audit:
Facing an audit can be daunting, especially when there’s a possibility of litigation. Hiring a tax lawyer is a game-changer in such situations. First, tax lawyers understand the intricate tax codes, and they can determine that you’re compliant and aware of any overlooked details. A tax lawyer also has experience with courtroom protocols – preparing legal documents, guiding testimonies, and ensuring all steps meet the highest legal standards. They also excel in strategic planning, anticipating potential IRS challenges, and formulating proactive defenses.
Attorney-client privilege is a cornerstone of the legal profession, and its significance magnifies during audits. This privilege guarantees that any information shared between clients and their attorneys remains confidential, creating an environment where clients can be forthright about their financial situation without fearing self-incrimination. Such open dialogue is vital to developing a robust defense strategy.
Moreover, lawyers specialize in understanding and arguing the law. If a tax situation escalates to litigation, a lawyer’s experience and knowledge become indispensable. They can navigate the complexities of tax codes, represent clients in court, and provide legal strategies that an accountant isn’t trained to deliver.
Facing potential tax evasion or fraud charges is intimidating for any taxpayer. In such situations, hiring a tax lawyer is not just beneficial but crucial. Tax attorneys can help authorities distinguish between honest mistakes and willful misconduct. They can meticulously review financial records, ensuring discrepancies are accounted for and addressed. If there’s a genuine error, a tax lawyer can argue it was a non-willful act, significantly reducing potential penalties. Furthermore, they can negotiate with tax authorities, often securing settlements or payment arrangements that are more favorable to the taxpayer.
When faced with an audit, the preferred endgame for every taxpayer is a favorable resolution. Hiring a tax lawyer dramatically enhances this possibility. First and foremost, tax lawyers have an intricate understanding of local, state, and federal laws. Their depth of knowledge allows them to identify nuances and provisions in the law that can help a taxpayer.
Moreover, tax lawyers provide an objective viewpoint. When taxpayers handle audits independently, emotions can cloud judgment, leading to decisions that might not be in their best interest. A tax lawyer, on the other hand, approaches the situation with a clear, objective perspective, ensuring that decisions are made based on legal merit rather than emotional reactions.
Facing an audit alone can feel like going into a battle unarmed. Having the team at Jeffrey M. Rosenblum, P.C. by your side equips you with the tools and knowledge to tilt the odds of a positive outcome firmly in your favor. Call 866-637-7300 today or complete our contact form for a confidential consultation.
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]]>The post What Makes a Will Valid in New York? appeared first on Jeffrey M. Rosenblum, P.C..
]]>At Jeffrey M. Rosenblum, P.C., we’ve spent years guiding countless clients through this intricate process and empowering them with the knowledge they need. A Melville, N.Y., estate planning lawyer can help you meet the requirements to create a valid Will and safeguard your family’s future.
According to the Consolidated Laws of New York, anyone at least 18 years old who is “of sound mind and memory” can create a Will. But what does “of sound mind and memory” mean?
First, being “of sound mind” means someone has a clear understanding and awareness of their actions. They should comprehend that they are creating a legal document outlining how they wish to divide their property and other assets after death. Second, the person making the Will must have a general understanding of the nature and extent of their property. In simpler terms, they should know what they own and how much it’s worth. This could include real estate, bank accounts, investments, and personal property.
The “memory” component implies that the person remembers and can identify their close family members, as those are the individuals who typically inherit someone’s estate. They should understand their relationship with these individuals and consider any implications their decisions could have.
Assuming someone is “of sound mind and memory,” there are a few other requirements they must meet to create a valid Will. Another state law specifies these requirements, which include:
If someone dies in New York without a valid Will, the situation is referred to as dying “intestate.” When this occurs, the distribution of the deceased’s property follows New York’s intestacy laws rather than the individual’s specific wishes.
Under these laws, the deceased’s property is divided among the surviving relatives based on a predetermined formula. Who receives what largely depends on which relatives are alive at the time of the person’s death. For example, if the deceased has a surviving spouse and no children, the spouse inherits everything.
At Jeffrey M. Rosenblum, P.C., we know how stressful drafting a Will can be. We can help you understand the legal requirements to create a valid Will, draft the document to ensure your wishes are clear, assist with finding proper witnesses to your Will, and store your Will in a safe, secure place. We want to give you the peace of mind that comes with knowing your estate plan is set and your family will have the benefit of your assets. Call us at (866) 637-7300 or complete our contact form for a consultation.
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]]>The post Is an Irrevocable Life Insurance Trust Right for My Estate Plan? appeared first on Jeffrey M. Rosenblum, P.C..
]]>An ILIT can be a valuable tool in estate planning. You should consider the advantages and disadvantages before creating one. Below are the most common benefits of an ILIT.
Your gross estate will include the death benefit of the life insurance policy if you are the owner and insured. If the ILIT owns the life insurance, it isn’t part of your estate. That means the proceeds are not subject to federal and state taxes when you die.
A properly drafted ILIT can provide liquidity to pay debts, estate taxes, and other expenses by purchasing assets through a loan or from the estate. Lifetime gifts will also minimize your taxable estate if you transfer assets into your ILIT while alive.
You might be able to avoid gift tax consequences by adding an ILIT to your estate plan and setting it up correctly. Contributions you make to your beneficiaries are gifts. Avoiding taxes requires the trustee to inform the beneficiaries of their right to withdraw a share of the proceeds from the trust during a 30-day timeframe.
Once the 30 days pass, the trustee can use the remaining contributions to pay the premium for the insurance policy. Taking the necessary steps qualifies the beneficiaries’ transfers for an annual gift tax exclusion. It makes those transfers a gift instead of future interest.
If one of your trust beneficiaries receives government aid such as Medicaid or Social Security disability income, having an ILIT own your life insurance policy protects their future interests. The trustee can manage the distributions to these beneficiaries for specific purposes so they don’t affect the beneficiary’s eligibility for government benefits.
An ILIT protects the life insurance proceeds from creditors and legal judgments since the trust owns the policy. That means your beneficiaries don’t have to worry about a collections agency taking the proceeds to satisfy your debt after you die.
You give your chosen trustee authorization to manage the ILIT after your death. They can use their discretion to determine when and how to distribute proceeds or follow the instructions you leave them.
You can decide on an immediate payout to your beneficiaries or smaller amounts for a specific period. You might want your loved ones to receive distributions after reaching milestones such as getting married or buying a house.
The choice is yours, and your trustee must fulfill your wishes. If you give them control to decide how to handle the ILIT, they might transfer funds like a paycheck to cover the beneficiary’s monthly expenses or provide a payout to pay medical bills.
A separate tax identification number and aggressive income tax schedule apply to irrevocable trusts. However, the cash value of a death benefit that accumulates in a life insurance policy is free from taxation.
When set up correctly, the trustee can access the policy’s cash value by taking distributions or loans on a cost basis. That can happen even while you’re still alive. The only exception is when you die. If proceeds remain in the trust after paying the death benefit, investment income earned that doesn’t get distributed to the beneficiaries could be subject to taxation.
You want to care for your family long after you’re gone. An irrevocable life insurance trust might be what you need to give your loved ones financial security.
The legal team from Jeffrey M. Rosenblum, P.C. has fulfilled our clients’ estate planning needs for over 40 years. Call us at 866-637-7300 for a free initial consultation with an Armonk estate planning attorney to learn more about how an ILIT could benefit your estate.
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]]>The post Five Things a Tax Lawyer Can Do So You Don’t Have To appeared first on Jeffrey M. Rosenblum, P.C..
]]>At Jeffrey M. Rosenblum, P.C., we want you to keep your weekend warrior status, but not when it comes to taxes. Enlisting the help of an experienced tax attorney can save you time, money, and a massive headache down the road. We’ve got a list of five things a tax lawyer can do for you so you don’t have to handle them alone.
No government agency strikes fear into average Americans’ hearts like the IRS, and for good reason. Surviving an IRS audit can be stressful, time-consuming, and overwhelming. Never attempt to handle an audit alone. If you are going up against the IRS, you need the resources and experience a tax lawyer can bring.
Do you have an entrepreneurial spirit? Are you thinking of starting your own business or LLC? Then you need help from a tax attorney to get started. Do-it-yourself online forms seem like a fast and easy way to set up your business. However, without solid advice from a tax attorney, you could set your business and yourself up for failure. You can avoid common business tax pitfalls and prepare for success by discussing tax planning strategies with a skilled tax lawyer.
Protect yourself and your legacy by discussing estate planning with a knowledgeable tax lawyer. It can be challenging to plan for your family’s future, but having an estate plan that outlines your wishes is the best way to protect you and your family. Clever estate planning can help your heirs and beneficiaries avoid paying unnecessary taxes after your death. However, estate planning can be confusing. Should you place assets in a trust? Who should you name as the executor of your will and estate? Can your will be challenged in court? Safeguard the future of your beneficiaries and discuss your unique situation with a tax lawyer.
Minor state and local tax disputes can snowball into massive tax problems. Contact a tax lawyer before you attempt to deal with local and state agencies. A tax attorney can help you meet these legal challenges head-on and represent you in any of these situations.
Local, state, and federal tax agencies are serious about getting their money. If you make errors on your tax returns that result in failure to pay taxes or other tax disputes, you can’t afford not to consult with an experienced tax attorney. An attorney understands the adverse effects that can result from tax violations and can strategize the best ways to mitigate these effects.
There are times when a do-it-yourself approach can save you time and money. Navigating the complicated U.S. tax system is not one of those times. At Jeffrey M. Rosenblum, P.C., our founding lawyer has over forty years of tax law experience in New York. We can protect your rights and help you navigate the most common and complex tax issues.
Arrange a free initial consultation with a knowledgeable Rockville Centre, New York, tax lawyer today to discuss your unique tax situation.
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