Since you are represented you must confer with your attorney.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
It could be that you may need a different probate lawyer if you are not happy, but there could be a very good reason why the attorney is not citing code sections for you. It sounds like this would merely encourage you to play detective. You should just ask your attorney for the answer to your questions such as what your rights are to obtain the information you are trying to obtain from your brother, etc. You say you have an attorney, but it also sounds like you are doing a lot of this research yourself. Not sure if that makes a lot of sense.
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Both attorneys offer sound advice. The real question is why would either one of you prepare such returns. CPAs or the estates attorney should be preparing these returns.
Anyway, the answer here is that it is your duty to make sure that the estate returns and final income tax returns are prepared. You have the power under law to delegate this task to a trained professional and you should do so as there are elections and choices and some tricky rules in this area. If your brother is trustee of a funded trust he has like responsibilities to have such return prepared. You should also note that there are some special elections involved where there is a trust and estate involved. Stop messing around in an area way beyond your level of knowledge and required expertise and get an expert to assist you.
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If you have an attorney you should ask your attorney. If you are not getting answers to your questions from your attorney or you don't trust your attorney you should find one you do trust and hire him or her.
Read the instructions for the various tax returns you mention. They are available on the IRS and Maryland Comptroller websites and will instruct who may file returns on behalf of a decedent.
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