Estate Law Questions? Ask an Estate Lawyer.
Hello, I will be happy to assist you with your question. I am a real attorney and strive to provide the most professional service possible. However, I cannot provide legal advice – I can only give you information concerning the legal issues raised by your question. After reviewing your answer, please let me know if you need clarification (or if I misunderstood and didn’t address your question).You had 9 months from your mother's date of death to file the inheritance tax return. It didn't matter that it was subject to a Medicaid recovery lien. Since it will be late, you will likely be assessed penalties and interest on the tax that was due.As far as expenses for owning a home, I believe you noted the big ones except for insurance costs -- you certainly should keep the home insured. You did mention property taxes and utility costs.To get title of the property in your name, you must probate your mother's will so that her assets can be distributed according to the terms of the will.The home, if it was titled in her name (which I take to be the case) is an asset of her probate estate. You would file the will along with a petition for probate. Then you would proceed through the probate process, which is quite complicated. Because probate is complicated, you should retain a local attorney to assist you with that process.As noted above, if you need clarification, please do let me know. Positive Feedback and Bonuses are not expected, but are always appreciated!Please don’t leave negative feedback. If something isn’t working let me know and I will continue working with you to resolve it!If you later open a new question and would like my assistance, please begin the question with “To TMcJD….” This will ensure that only I answer the question.
I see that there was an executor appointed. As such, I presume there was a probate. Sorry I overlooked that. If that is the case, to get title into your name, there just needs to be a final decree issued by the probate court. That order gives you title to the property.
You would then record a certified copy of the final decree order with the county clerk/recorder of deeds for the county in which the property is located.
If you need additional clarification, please do let me know. Positive Feedback and Bonuses are not expected, but are always appreciated!Please don't leave negative feedback. If something isn't working let me know and I will continue working with you to resolve it!If you later open a new question and would like my assistance, please begin the question with "To TMcJD...." This will ensure that only I answer the question.
So, going on your second response, then all I need to do at this point is contact the Executor and ask him to submit a final decree?
Yes, the executor just needs to complete the probate process and obtain a final decree order from the court.
If that is the case then I will call his office today. Do I need to do anything else at that point, as far as the deed is concerned?
No, it's something the executor will do.
The Executor has known about the Feb. 27 decision since then, I am thinking he should have known to do this, so as with everything he hasn't done on time, is there anything I can do to speed up this final decree? Other than hound him?
Hounding him is good to start. But if a month or more goes by and he's done nothing, then you should seek your own local attorney to file a motion for distribution of assets to you under the terms of the will.
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