contesting probate

shawndyer

I am a beneficiary of an estate. It has been determined by the court. The other half is saying that the money should all be hers. She can not contest the will so she says she will contest the final accounting. What does this mean for me? Its clearly an attempt to try and get everything. Do I have to show up in ceourt or will the judge realize there's no basis? Thank you for any info.

foodboy

get a lawyer

rollings

I believe that if something is going to be contested, it would have to be in writing, filed with the court, and a copy given to you. At that time you would see the argument details, and be given an opportunity to respond to the court, also in writing.

Of course, this is just what makes sense to me without having any knowledge of probate courts, especially in whatever state you are in.

The "final accounting" of the estate is a listing of the decedent's assets less debts with the balance being what is left for the beneficiaries. I am assuming there is a lawyer or an accountant who is handling the estate paperwork.

RustyShackelford

shawndyer wrote:

I am a beneficiary of an estate. It has been determined by the court. The other half is saying that the money should all be hers. She can not contest the will so she says she will contest the final accounting. What does this mean for me? Its clearly an attempt to try and get everything. Do I have to show up in ceourt or will the judge realize there's no basis? Thank you for any info.

Be prepared to pay around 45-50% in estate taxes to uncle sam!

rollings

RustyShackelford wrote:

shawndyer wrote:

I am a beneficiary of an estate. It has been determined by the court. The other half is saying that the money should all be hers. She can not contest the will so she says she will contest the final accounting. What does this mean for me? Its clearly an attempt to try and get everything. Do I have to show up in ceourt or will the judge realize there's no basis? Thank you for any info.

Be prepared to pay around 45-50% in estate taxes to uncle sam!

it would come out of the estate,

the beneficiiary wouldn't pay it

and plus that's for estate worth over 5.25 million I think it's up to now

RustyShackelford

rollings wrote:

RustyShackelford wrote:

shawndyer wrote:

I am a beneficiary of an estate. It has been determined by the court. The other half is saying that the money should all be hers. She can not contest the will so she says she will contest the final accounting. What does this mean for me? Its clearly an attempt to try and get everything. Do I have to show up in ceourt or will the judge realize there's no basis? Thank you for any info.

Be prepared to pay around 45-50% in estate taxes to uncle sam!

it would come out of the estate,

the beneficiiary wouldn't pay it

and plus that's for estate worth over 5.25 million I think it's up to now

Correct. Just stating the ridiculousness of estate taxes

Thirty Bills Unpaid

RustyShackelford wrote:

Correct. Just stating the ridiculousness of estate taxes

Do you think you are going to pay for your wars by running bottle drives?

RustyShackelford

Thirty Bills Unpaid wrote:

RustyShackelford wrote:

Correct. Just stating the ridiculousness of estate taxes

Do you think you are going to pay for your wars by running bottle drives?

I would rather pay for "my" wars than pay for welfare...

Go Beavers

RustyShackelford wrote:

Thirty Bills Unpaid wrote:

RustyShackelford wrote:

Correct. Just stating the ridiculousness of estate taxes

Do you think you are going to pay for your wars by running bottle drives?

I would rather pay for "my" wars than pay for welfare...

Are the wars worth having the economy in the crapper?

hedonist

Jeez, this person comes here with a legit question and it turns into a discussion about war?

(and so it goes...)

cincybearcat

hedonist wrote:

Jeez, this person comes here with a legit question and it turns into a discussion about war?

(and so it goes...)

It's W's fault.

hedonist

cincybearcat wrote:

hedonist wrote:

Jeez, this person comes here with a legit question and it turns into a discussion about war?

(and so it goes...)

It's W's fault.

:P

RustyShackelford

Go Beavers wrote:

Are the wars worth having the economy in the crapper?

Personally, I don't think the economy is in the crapper. Things are going quite well on my end.

rollings

RustyShackelford wrote:

rollings wrote:

RustyShackelford wrote:

Be prepared to pay around 45-50% in estate taxes to uncle sam!

it would come out of the estate, the beneficiary wouldn't pay it.
and plus that's for estates worth over 5.25 million...

Correct. Just stating the ridiculousness of estate taxes

If that's the case, then why would you tell a person asking for genuine advice to "Be prepared to pay around 45-50% in estate taxes"?

Last-12-Exit

foodboy wrote:

get a lawyer

RustyShackelford

rollings wrote:

If that's the case, then why would you tell a person asking for genuine advice to "Be prepared to pay around 45-50% in estate taxes"?

First off, you have to question someone coming on a pearl jam message board asking about probate and how they should handle it! If they want genuine advice, go to someone who specializes in the topic!

rollings

RustyShackelford wrote:

rollings wrote:

If that's the case, then why would you tell a person asking for genuine advice to "Be prepared to pay around 45-50% in estate taxes"?

First off, you have to question someone coming on a pearl jam message board asking about probate and how they should handle it! If they want genuine advice, go to someone who specializes in the topic!

Right. Well then why didn't you instead question him?

Go Beavers

RustyShackelford wrote:

Go Beavers wrote:

Are the wars worth having the economy in the crapper?

Personally, I don't think the economy is in the crapper. Things are going quite well on my end.

So you still have your guns and the economy is doing well. It's always good to see a conservative drop the partisan bickering and give Obama a shout out.

RustyShackelford

Go Beavers wrote:

So you still have your guns and the economy is doing well. It's always good to see a conservative drop the partisan bickering and give Obama a shout out.

I've actually got a couple new guns since our last discussion on them. But it doesn't matter who is in office. Really doesn't. America is America no matter how hard the lefts try to take wealth and redistribute to the poor. I was doing just as well, maybe better, during the so called "great recession". Cheers to capitalism and free markets! In fact I'll give you some free advice....look to profit on the upcoming obamacare. Opportunities are everywhere.

I will never give the bummer a shout out. He's got nothing to do with it. The Fed printing money out of thin air is the cause of this. It will come back eventually but let the good times roll.

I will go on to say I have never voted for a democrat. (Although I have given serious thought about not voting for Toomey next election). I like free markets, dislike wealth distribution, aka, entitlements.

Go Beavers

RustyShackelford wrote:

I've actually got a couple new guns since our last discussion on them. But it doesn't matter who is in office. Really doesn't. America is America no matter how hard the lefts try to take wealth and redistribute to the poor. I was doing just as well, maybe better, during the so called "great recession". Cheers to capitalism and free markets! In fact I'll give you some free advice....look to profit on the upcoming obamacare. Opportunities are everywhere.

I will never give the bummer a shout out. He's got nothing to do with it. The Fed printing money out of thin air is the cause of this. It will come back eventually but let the good times roll.

I will go on to say I have never voted for a democrat. (Although I have given serious thought about not voting for Toomey next election). I like free markets, dislike wealth distribution, aka, entitlements.

So you're downplaying Obama's role in any economic upswing, do you say the Republicans you voted for in the past were similarly lacking in economic influence?

mickeyrat

shawndyer wrote:

I am a beneficiary of an estate. It has been determined by the court. The other half is saying that the money should all be hers. She can not contest the will so she says she will contest the final accounting. What does this mean for me? Its clearly an attempt to try and get everything. Do I have to show up in ceourt or will the judge realize there's no basis? Thank you for any info.

a court has already determined you are entitled?

As someone else has suggested, get a lawyer. To make sure your interests are represented.
Perhaps there will be a settlement prior to hearings.


as for previous responses heres an IRS link....

http://www.irs.gov/Businesses/Small-Bus ... Estate-Tax

You'll also have to consult your states tax division.