contesting probate

shawndyershawndyer Posts: 270
edited June 2013 in A Moving Train
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.
Post edited by Unknown User on

Comments

  • foodboyfoodboy Posts: 988
    get a lawyer
  • rollingsrollings Posts: 7,124
    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.
  • 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!
  • rollingsrollings Posts: 7,124
    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
  • rollings 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

  • Correct. Just stating the ridiculousness of estate taxes

    Do you think you are going to pay for your wars by running bottle drives?
    "My brain's a good brain!"

  • 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 BeaversGo Beavers Posts: 9,096

    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?
  • hedonisthedonist Posts: 24,524
    Jeez, this person comes here with a legit question and it turns into a discussion about war?

    (and so it goes...)
  • cincybearcatcincybearcat Posts: 16,447
    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.
    hippiemom = goodness
  • hedonisthedonist Posts: 24,524
    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.
    fist.jpg
    :P
  • 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.
  • rollingsrollings Posts: 7,124
    rollings 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-ExitLast-12-Exit Posts: 8,661
    foodboy wrote:
    get a lawyer
  • 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!
  • rollingsrollings Posts: 7,124
    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 BeaversGo Beavers Posts: 9,096
    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.
  • 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 BeaversGo Beavers Posts: 9,096

    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?
  • mickeyratmickeyrat Posts: 38,633
    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.
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  • shawndyershawndyer Posts: 270
    thanks for all the insight. i do have an attorney, i was just curious if anyone has been through a similar situation. i guess thats grounds for "questioning" me rusty, i dont know.
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