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Probate file

Detroit, MI |

I have located some probate files about an order for interim payment of michigan inheritance tax. On the form there is a statement that is requesting for extension of time to file a michigan inheritance tax return. Checked under the statement was 30 days after receiving the closing letters from the IRS on the Federal Estate Tax Return. The reason for extension was : When the finrst request for extension of time to file the Michigan Inheritance Tax Return was made on August 31, 1002 and an interim payment of $1000 was made (Liber 374, Order 422). We now realie the gross estate exceeds (eg) $600,000 and a Federal Estate Tax Return must be filed. The beneficiary are listed on the second sheet with the net amount subject to tax. How do you know if an estate is closed?

Attorney Answers 3

  1. Call the clerk's office and ask if it is an open file. In Florida the Clerk's web site tells you if the case is open. A visit will net you even more information. Clerks are a wealth of information and will likely be willing to tell you if the case was closed or abondoned (i.e. not enough assets to pay the debts so everyone walked away).

    If you are concerned there may be a lingering tax liability that could flow to you a consult with a probate attorney would be a good idea.

    Legal disclaimer: Jason Waddell provides this information as general advise and recommends consulting with a local attorney as even in Florida matters may be handled differently from jurisdiction to jurisdiction. Nothing herein should be construed as specific legal advise to a specific case . All content is general in nature due to the limited information given to the attorneys. . Attorneys are unable to ask the questions necessary to fully understand the legal issues faced by any particular poster. They are not tailored to any reader’s specific situation, will not be accurate in all states, and are never updated or maintained to reflect changes in the law. No person should take action based on the information provided on or any other law-themed website without first consulting a local attorney. Pursuant to IRS Circular 230, no online content may be used by any person to avoid taxes or penalties under the Internal Revenue Code. No information presented by anyone online is confidential in nature, and no online reading or writing will create an attorney-client relationship between you and Atty

  2. In Michigan, you would need to contact the probate court. In Wayne County, the files are available online at If it is another county, you would need to check with the court to determine whether the estate is still open or not. If the file was from 2002, there is a good chance it is closed, although if there were estate tax issues that were not resolved, you never know. If the estate was from 1992, (it is not clear from your summary which year), then it is almost certainly closed. The Estate tax level was $600,000 in 1992, so perhaps that is what you are looking at.

    You need to have an attorney or CPA look at this to determine what is going on.

    James Frederick

  3. You should definitely see an attorney about this.

    This answer is not specific legal advise. No attorney client relationship has been established. It is general commentary on the question presented, without the benefit of a full disclosure of all relevant facts. Seek an in-person consultation with a licensed professional.

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