NY Attorney General Letitia James’ legal questions continue to mount over father’s estate filing

ALBANY, NY- New York Attorney General Letitia James, a Democrat, fancies herself a “Trump killer” in the figurative sense. She was elected to office based mainly on her promise to “get” Trump, which resonated with the radical left that makes up a majority of the New York electorate.

Her mantra of “nobody is above the law” allowed the state to twist legal definitions to get President Trump convicted of 34 “felonies.” James may want to brush up on Matthew 7:3 (NKJV), which states, “And why do you look at the speck in your brother’s eye, but do not consider the plank in your own eye?”

James finds herself under scrutiny after it has been discovered that she may have “stretched the truth” in a few real estate transactions, potentially violating federal tax laws, according to the USA Herald and other sources.

James’s battle with the truth began in 1999, 13 years after her father, Robert James, died. It was that year when James filed a petition in Queens Surrogate’s Court to administer his estate, the only significant part of which consisted of a townhome on Inwood Street in Jamaica, Queens.

Under oath, James said she and her father held the property as “tenants in common,” instead of “joint tenants.” That would legally obligate the probate court to transfer her father’s share of the house to her.

“The property would not pass to the heirs of the decedent by operation of law,” James wrote, “because the decedent held the property with the undersigned as tenants in common with no right of survivorship.” There is just one tiny issue with that. James and her father obtained the mortgage as “husband and wife” in May 1983. That would seemingly undermine her later claims in federal court and instead suggests a joint tenancy.

Moreover, in 2000, official records showed that James sold the home, with the record indicating the property’s ownership as “husband and wife” between James and her father. It is likely that James, by selling the property as “husband and wife” despite inheriting her father’s share, may have avoided capital gains taxes on the proceeds of the sale.

James claimed her father’s estate had a gross value of $105,000, yet she subtracted the mortgage amount to declare no estate taxes were owed. In a 1999 petition, James stated, “There are no Federal or State Income or Estate Taxes payable by the estate.”

At the time, the estate’s valuation fell below the federal and state tax exemption thresholds of $500,000 and $108,333, respectively. However, legal experts told the USA Herald that estate tax returns are usually still required, particularly when real estate is involved. Public records have no evidence that James filed federal Form 706 or New York’s ET-706 estate tax return. James produced no documentation to show that no taxes were due, which possibly constitutes misrepresentation, or at the very least raises questions about transparency and compliance.

Then there is the issue of the 13-year delay by James in submitting her father’s estate for probate, which is bizarre and seems to suggest some malfeasance by the calorically-challenged attorney general. It is unknown if James collected rent or claimed other homeowner benefits during the 13-year delay. However, it is again possible she violated her fiduciary duty or had unauthorized possession of estate assets, USA Herald proposes.

Such a delay, estate attorneys and probate specialists said, is unprecedented, particularly because, as someone who supposedly possesses a high degree of legal expertise, James should have opened such an estate within months or perhaps a few years after her father’s death, not over a decade hence.

To what end did James engage in what can only be called possible fraud? Concealment, intent to misuse assets, fraud, or failure to discharge fiduciary obligations are all possible explanations. Such a delay in filing the estate claim helped avoid paying capital gains taxes, allowed her to collect rental income without scrutiny or taxation, or possibly shield the estate from potential creditor claims. Or all of the above.

The questions regarding her father’s estate come on top of other allegations leveled against James, including campaign finance irregularities and mortgage misrepresentations, such as those made on a Virginia home, which have drawn the attention of the Department of Justice. According to The New York Post, James listed the Virginia home as her “primary” residence in a mortgage application.

If the allegations are proven to be true, James could face potential violations of IRS tax laws and New York State tax laws, exposing her to criminal charges, professional discipline, and removal from office. Any political fallout is the least of her worries.

Letitia James has repeatedly reminded President Trump and anyone else who would listen that “No one is above the law.” It looks like it’s time for karma to come knocking at James’ door.

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