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I am a beneficiary of an estate that is being probated In…

I am a beneficiary of...
I am a beneficiary of an estate that is being probated In Oregon under laws for intestate. One of the assets the decedent owned and operated was a small business. The business was not compliant and filing and paying taxes. The decedent filed tax returns every year but did not include the business income. The second personal representative for the case has decided not to include the business as an asset to be probated. When I asked the PR about why she did not include the business, her response was since the business activity was not reported on the descendant’s tax returns, it was not considered an asset of the descendant.My question to you, is: is this a legitimate reason for keeping the business out of probate or is this a completely bogus explanation and an attempt to evade tax obligations and cheat the other beneficiaries out of the value of an asset of the descendant?
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Answered in 2 minutes by:
5/27/2017
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 47,115
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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It sounds bogus to me.There are taxes due , amended returns, etc.The executor is responsible for fixing this and paying any taxes due here. Unless the probate court here has made this decision then it is risky.You have option to write the probate judge.Tell him about the situation and express your concerns and ask for a hearing on this matter and seek court intervention.Honestly this is an estate asset and it needs to addressed by the probate judge.

I appreciate the chance to help you tonight, sorry you are having to deal with this.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 12 months ago
Can I write to the judge informally without filing a motion or petition? I was told a judge would not listen to anything unless it was a formal complaint or motion filed with the court where the other party could respond? Your response is appreciated. .

Yes you can do it this way.Ask for a hearing on the matter.Copy the executor and estate lawyer.Nothing wrong with trying this way without a lawyer.

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