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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 47044
Experience:  29 years of experience practicing law, including tax and estate planning.
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Pursuant to my previous communication with you, please note

Customer Question

Pursuant to my previous communication with you, please note the following.
After receiving your answer, I called the Surragate court and was told that my sister had never filed the probate. My sister told my mom's best friend that her reasons for not proceeding with the probate is that alledgelly she is waiting on conformation from German tax authorities since our mother supposidly owed taxes there, for what I do not know.
My dad worked for the railroad after WWII, and she was receiving a pension. We all moved to the US in 1953.
Before my sister put mom into the assisted living home in 2010, she told me that everything pretaining to Germany was settled.
Please advise if you have any possible ideas on how I should proceed. My mom has been in the USA for more than 60 years and became a citizen in 1961.
Thank you for your time and advise.
Ingrid
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. I think that's ludicrous and has no legal basis. I would immediately file a petition with the court to be appointed the administrator of the estate. If your sister contests this in any manner, explain the full situation to the court. There would be absolutely no justification for the estate to be concerned with any taxes due in Germany for a period prior to 1953. This should be a huge red flag and is probably hiding what's really happening to the estate assets. Given this excuse, you want to ask the court to appoint you administrator which will give you full and exclusive authority over the estate. Once in charge, order a full audit of the estate, and if there has been any mis-use or misappropriation of assets, file a civil suit for actual and punitive damages. Also, if you find any misappropriation, you can also pursue criminal prosecution.



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Richard, Attorney
Category: Estate Law
Satisfied Customers: 47044
Experience: 29 years of experience practicing law, including tax and estate planning.
Richard and 6 other Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you for the positive rating! I truly appreciate that!

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