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What assets are not included in probate? Does the IRS have any of these assets if not who would?

San Francisco, CA |

How to get the asset information that did not go thru probate? Thnx~

Attorney Answers 3


  1. Assets that are not included in a probate include assets held in a revocable trust, assets that pass by beneficiary designation (life insurance/retirement plans, etc), and assets held in joint tenancy with right of survivorship or other pay on death on death form.

    The IRS won't have possession of these assets. For real property, you can check the county records to see how title is held.

    You really need to meet with an attorney who can provide more specific advice to you based on your particular facts and what you are seeking to accomplish. That is not clear from your question.

    DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE. IT IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS RESPONSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU SHOULD CONSULT WITH A QUALIFIED ATTORNEY FOR SPECIFIC LEGAL ADVICE ABOUT YOUR PARTICULAR SITUATION.


  2. Attorney Symons has given you a good answer. Aside from assets that are part of the public record, like real estate, it is going to be next to impossible for you to determine what passed outside of probate. You will not be able to get information from banks and other financial institutions, outside of a lawsuit setting. Privacy laws prevent companies from divulging information on assets passing outside probate. The same thing is true with a trust, unless you are one of the beneficiaries.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  3. As noted by Ms. Symons' answers, it appears you are trying to uncover details about a probate matter and that you are either a beneficiary or contingent beneficiary that believes has an interest in the estate. It is commendable that you are seeking answers in the probate code and online through AVVO but it is extremely advisable that you consult with an attorney that is experienced in the area and discuss the details of your particular matter so that you do not discover what you should or could have done when it is too late to do anything about it.

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