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  1. So,this is on top of any property taxes due and are to be paid by the estate if real property is involved? Consider that someone like Jarvis most likely owns multiple properties. The Estate may owe a Tax, but an heir or beneficiary may not owe any state taxes but would owe Federal Taxes on any amount over 5.49 million. And I think that is an increase from prior years. In maine for instance the State Tax on an estate was 1 million or over, and then it went up to 2 million in 2013. while in maryland state taxes were owed on estates worth 500,000.00. And I still don't think they can read their own statutes or codes in Maine. And in Maryland, they passed a law regarding real property, it isn't taxed at all, most likely because the amount of tax a beneficiary or heir owes is paid if the estate is worth one half a million dollars. in other words, it just changes hands into the heirs names and isn't even listed. At least that is what i read on some site.
  2. No Ducor that is still incorrect. There is not any State Inheritance Tax on any Estate in California. An Heir or beneficiary would have to pay Federal Taxes on any amounts an estate is worth over 5.49 million dollars, but no State Taxes.
  3. There is Federal Inheritance Tax if the Estate is worth over $5 million dollars. There is no Inheritance tax on estates in California. The law on inheritance tax was changed because of the amount of money that most real properties are worth. At least that is what I was told. I think it was changed in the late 1980's or 1990's. There should be something on it in the Calif Codes and Statutes along with the legislative intent on why the law changed.
  4. Here is a link to Calif. regarding Inheritance Tax. https://www.legalconsumer.com/inheritancelaw/topic.php?TopicID=4&ST=CA
  5. I think you are thinking of the lemon law or something when you talk about a cooling off period, or even when buying a house.
  6. HI Doucar, I think that the limit you are setting of 5.49 million in assets applies to the Federal Estate Tax, I was under the impression that in California there wasn't any ceiling or limit on the amount of the Estate. Especially since there are so many cities where residences are above the limit you have set.
  7. One other thing that may or may not help you is the in California Attorneys are usually or in the past did not work on billable hours, they work on a percentage of whatever they get from the Estate, so a Pro Bono may not be necessary. and many of them will talk to you free of charge to see if you have a case that they want to take on.
  8. Hi, it seems that you are using laws in NJ and this is California, California uses a probate ct. If you want to get her medical records you need a death certificate and then to contact the doctors etc involved with your sister, it would be best if you had an attorney obtain the records since the hospital will make you swear that you are not going to sue them. Here is a link to a recent article on Medscape about Hospital Dumping of the elderly and some other federal laws which may or may not help you out as far as the "rent'. http://www.medscape.com/viewarticle/870588?src=emailthis
  9. It depends on what State you live in too, in California the executor has to consult the heirs. And procedural law requires in Maine that attorneys send a certified copy of all correspondence with return receipt via united states postal service.
  10. Shelbi it sounds like the sister was using her brother for his money and telling the rest of the family that he was unable to handle his affairs. I think it is a criminal offense.
  11. Pg if the decedent is in a coma, i would think that can not be considered 'complacent', (it is an epidemic apparently, nuff said)
  12. If the "old Crazy Man's sister" was handling his fiances, why would she leave a handwritten will leaving her estate to him? Who determined he lacked mental capacity in the first place giving her poa and whatever else given her to begin with. And why if she had those powers that allowed her to take over would she leave a handwritten will giving them back to him if he was determined to be mentally unfit? /
  13. i was confused by the lease agreement and home ownership portion of this dilemma too! It doesn't make sense to me, unless they were leasing a home in Georgia and owned another residence in Alabama.
  14. contact the probate court where the estate is and get information from them.
  15. I brought it up because the first post and second post from lostsister mentioned direct descendant and that the deceased is a step sister. Black's Law Dictionary does make a distinction between the two direct and lineal, and goes further to state that cousins are collateral descendants. My version of Blacks is 1990. Thanks,
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