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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116143
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Mom died 4 July13 in CA. She was a resident of Bend, OR.

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Mom died 4 July13 in CA. She was a resident of Bend, OR. I am the executor of her home made will and with Power of atty listed her manufactured home before she died. It sold after she died, title co. had the 5 of us listed as receiving 20% all sign the paperwork and it says "without probate" on the paperwork. We are all agreed on things and have already split up her furniture and personal items. I didn't know anything about this probate thing until recently. Do I need to file the will in probate court? (I do not think she filed her taxes for the past 2 years) Do I have to do that?
Thank you for your question. I look forward to working with your to provide you the information you are seeking.

You will need to file some form of probate on her will depending on the total value of her estate and you as executor will need to file her final estate taxes and pay whatever is due from the proceeds of her estate before you give out an property because if you distribute from the estate without paying all debts including taxes due, you could be personal liable for paying them as executor. A small estate can be filed if all personal property is less than $75k and if all real estate is less than $200k, and at is done by filing the will and a small estate affidavit in the Oregon probate court where she lived. You then have to file the tax returns if needed and certainly have to file a final return on the estate which should use a professional tax preparer to do.

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Customer: replied 3 years ago.

Thank you,


 


her estate is maybe $30,000. I found the forms to fill out in her county and they ask for $ of house and items etc, but since they are already sold I am not really sure how to fill them out. Like house is worth $25,000 sold on Aug 22. (?)


The way I see it I am back on my own, you just confirmed what I already feared I need to spend more days off work to work on her stuff.

Thank you for your reply.

The filling out of the small estate affidavit, since the real estate has been sold, is easy. You simply list the value of all of the personal property and the cash received for the sale of the house as that is now just cash in the estate. As far as taxes, it is not likely her estate would owe taxes, unless she owes any back taxes for the two years she did not file. Thus, the only thing you need is to bring the taxes to a CPA of tax preparer to complete them to file.


Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. thing you need someone
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