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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37046
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am due a probate amount from my deceased brother from

Customer Question

I am due a probate amount from my deceased brother from California. I have a tax lien from California. Can the state take the probate funds?
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Probate funds are ready to be released.
Submitted: 3 months ago.
Category: Legal
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If the state becomes aware of the gift from the estate, and notifies the executor of the estate to hold those for a tax intercept, then the executor would have to do so.

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But otherwise, the executor would disburse funds to you and it is up to you what you do with them. But if you put them in a bank, they are fair game for the taxing agency to seize.

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thanks

Barrister