You will not have to pay the tax. The person making the gift would potentially have to pay the tax, or likely just have to file a gift tax return...

My step father died and my mother still lives in their home. will she be allowed to live in her home through the probate procedu

It largely depends upon how your step-father's estate is to be distributed and the Executor of the Estate. If your mother is not a beneficiary of...

My Father has passed and Mother was told that she had to change house to her name only. Everything is ion both names no Will.

This largely depends upon how the ownership on the Deed is currently listed. If you father and mother owned the house as joint tenants with right...

I have moved to another state and some of my tools are in my mother's home, if she dies, will the tools be held in probate?

If the tools are actually yours, then they should not be subject to the probate process. However, you may need to get the consent of the Executor...

Do I have to keep formal records of how I spend money "gifted" to me by my elderly father so he can get Medicaid one day?

If your father actually gifted you the money within the past five years, then this may actually disqualify him from receiving Medicaid benefits. ...

My mother had a will created and then changed her mind and has a living trust created 2 over ride her will/which one presides?

The Trust would typically only govern the distribution of assets owned or titled in the name of the Trust. If the Trust had no assets at the time...

My mom and I have a joint checking account. My brother is her power of attorney, can he pull records from this account

It depends upon how the Power of Attorney is drafted and what authority was granted to your brother as the agent / attorney-in-fact, and whether...

My son died unexpectedly in 2005, he has less than $50 owed from Great Colorado Payback, do I have to have POA to claim

The beneficiaries of your son's estate should be able to collect the funds by completing an Affidavit of Collection of Personal Property. You can...

Do I need to go t a probate court and start a probate process for a car and the house and my husband's checking account.

If the car, account and house are jointly titled in your name and husband's name, with right of survivorship, then you may not need to open up a...