Filmore E Rose’s Answers

Filmore E Rose

Seattle Estate Planning Attorney.

Contributor Level 6
  1. Can I change the marital status on a death certificate?

    Answered over 4 years ago.

    1. Filmore E Rose
    1 lawyer answer

    California law generally permits a death certificate to be amended to correct inaccurate information. In order to this, you must file an Affidavit to Amend Death Record with the Office of Vital Records, which is part of the California Department of Public Health. The appropriate form (VS 24) along with complete instructioins may be found online at the following site: http://www.cdph.ca.gov/certlic/birthdeathmar/Documents/CHS-AffidavitDeathPamphlet-2010-01-Merged.pdf The address and...

    1 person marked this answer as helpful

  2. Is it better for the executor of our will to have residence in our state or does it really matter?

    Answered almost 5 years ago.

    1. Filmore E Rose
    2. Derek W. Jensen
    2 lawyer answers

    This response is educational. It is not intended to and does not constitute legal advice. WA law allows a nonresident to serve as executor (also called a "personal representative"), provided the nonresident person complies with certain requirements, inlcuding filling a bond unless the requirement for a bond has been waived in the will. Whether it it would be better to choose another family member who is in state depends on the circumstances. The executor has a duty to administer the estate...

    1 person marked this answer as helpful

  3. If there is no legal administrator and no executor, etc. who can legally sign the decedent's 1040 form? Probate under 100,000.00

    Answered over 4 years ago.

    1. Janet Lee Brewer
    2. Filmore E Rose
    2 lawyer answers

    IRS Publication 559 answers this question. It provides that if no personal representative has been appointed and if there is no surviving spouse, the person in charge of the decedent's property must file and sign the the decedent's final return as "personal representative." This response is for educational purposes only and is not intended to constitute legal advice.

  4. If a married couple in washington state title investments as joint wros, does that means the assets are no longer community prop

    Answered over 4 years ago.

    1. Filmore E Rose
    1 lawyer answer

    In Washington property held by a husband and wife as joint tenants with right of survivorship is presumed to be community property. Assuming the joint tenancy investments were aquired with community funds, those assets should be treated as community property for purposes of the basis adjustment upon the death of the first spouse. Since the presumption is rebuttable, however, If there is any question about whether community funds were used to acquire the joint tenancy property, the spouses can...

    1 person marked this answer as helpful

  5. What is the tax liability when you sale land you inherited. There has been no increase in the value of that land during this ti

    Answered over 4 years ago.

    1. Darrin T. Mish
    2. Filmore E Rose
    2 lawyer answers

    If you inherited the property from someone who died in 2010 different rules apply, For this year only, inherited property has a carryover basis. The property does not automatically get a new, stepped-up basis to the date of death value of the property. Rather, basis is same as the basis of the decedent subject to possible adjustment depending on how a $1.3 million special basis adjustment is allocated by the executor of the decedent's estate. If your property was inherited from someone who...