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Richard, Tax Attorney
Category: Tax
Satisfied Customers: 55285
Experience:  29 years of experience as a tax, real estate, and business attorney.
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My brother passed away in 2015 in NJ. He left monies to me

Customer Question

My brother passed away in 2015 in NJ. He left monies to me (not much). I live in AZ. He had no will or property. I had his mail forwarded to my address. He gets tax information about filing his income tax. What should I do?
Submitted: 1 year ago.
Category: Tax
Expert:  Richard replied 1 year ago.

Good afternoon Marie. My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information? When you mention he left money to you, can you explain how this was done since he had no will? Did he have a living trust that was to provide this money for you?

Customer: replied 1 year ago.
I was put down as beneficiary -on his bank accounts. he had no living will or living trust.
Customer: replied 1 year ago.
Did you get my answer????
Expert:  Richard replied 1 year ago.

Thanks so much for your response. Great! That makes it easy! Certain assets pass outside probate and do not require probate. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts. The account you reference falls within the foregoing. So, you need only contact the bank and deliver them a death certificate for your brother and whatever information they request substantiating your identity. That is all that you are required to provide. The bank is then required to send you the money as the named beneficiary! :)

Thank you so much for the excellent rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: . Or, simply request “Richard only” in the first line of your question.

Customer: replied 1 year ago.
Richard___ My question was concerning the filing of my brother's income tax. Am I responsible to file his income tax??
Expert:  Richard replied 1 year ago.

Thanks for following up. No, you have no legal obligation to do anything further with regard to your brother's tax obligation or his estate. As a beneficiary of the account, you are entitled to the account proceeds, but you have no further obligations at all.