Estate received income after estate/probate closed. Do I have to reopen estate/probate ?

Income received after estate closed
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Answers (3)

Janet Lee Brewer

Janet Lee Brewer Avvo Pro

Contributor Level 7
If there are no accounts in the name of the estate, then you might very well have to reopen the probate. Without more information, it's difficult to say.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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Bert Z. Tigerman

Bert Z. Tigerman

Contributor Level 4
I suggest that you review the order approving the final account. A carefully drafted order usually provides for after discovered assets. If there was an attorney representing the administrator, it is suggested that you consult with him/her in this regard.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship
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Joel Steven Weissler

Joel Steven Weissler

Contributor Level 4
Unless there was a slipup in the Court Order it provides for how any later occurring income or assets are to be distributed. It is not inappropriate for the former administrator/executor/trustee to endorse the check over to the beneficiaries. The income paid must be reported on the beneficiaries income tax return based upon the amount of 'income' received. Payments which are distributions of principal from the estate -- not earnings -are not income taxable.

If this was an estate tax taxable estate and the payment is a return of principal -- then an amended return may be needed.

Very truly yours,

Joel S. Weissler
Attorney at law

Weissler Law Group
3333 Camino Del Rio South #235
San Diego, California 92108

Phone: (619) 281-1888

DISCLAIMER: Nothing in this post or transmitted by email should be interpreted as legal advice unless I have been retained and you have made a deposit towards my fees. This post is intended to help the person posting the question to ask the right questions with the attorney of their choice. This posting is for educational purposes only. Your time to act may be very limited and this could substantially reduce your rights and options. Do NOT rely on anything I have written here -- You should contact a lawyer in your area immediately after reading my posting.

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