Estate Law
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Answered in 8 minutes by:
9/23/2014
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 59,706
Experience: Texas lawyer for 30 years in Estate law
VerifiedHi and welcome to JA. I am Ray and will be the expert helping you today.
Yes you should raise this with the probate court where you make application for probate.The probate court may well credit the estate and the heirs for this amount or otherwise resolve it.Anytime there is a dispute over property the probate judge resolves it here.
You would want to raise this issue as soon as you can after probate is opened so that the funds do not disappear here.The probate judge will hear from both sides and make a ruling here.The judge has the power to order return of funds or an offset of estate assets in order to fairly resolve this matter.
Your lawyer for probate should raise this on behalf of the estate and heirs and have the court resolve it hopefully by returning nay funds belonging to the estate.The executor is required to gather all estate assets under the Texas Estate Code.
I appreciate hte chance ot help you tonight.Please let me know if you have more follow up.I am going to take a brief dinner break but will respond in a bit.Thanks again.
http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_
Thanks again.
Yes if the annuity was transferred to the trust as you state then it should not be part of the estate.Here only of there is no named beneficiary does it then become a part of the estate .You may have to take it up with the probate judge,
The trust should have their own EIN here and if he put it in the trust-- trust should pay the taxes on it.I do not see that the estate has an y interest in it since it is not an estate asset.I would agree with you here.
Thanks again.
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 59,706
Experience: Texas lawyer for 30 years in Estate law
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).
