mother passed and had two accounts one i was beneficary off and other i was ITF paid on death. She has no other properties or accounts. so she has no "estate" we already went to bank and everything was put in my name. Trying to pay inheritance tax and accountant is telling me i have to go to court house to file the estate and get a representative. there is no estate. she had no bills. do i have to go through all of this when there is nothing in the estate.
You should check with a local attorney, but I don't see any need to start a probate or administration proceeding when there are no assets to administer.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
... hello ...
... I would need to know more facts - whether there was a Will and whether you may or may not be the Executor and whether there may or may not be beneficiaries named in the Will who did not receive monies outside the Will - in order to your question better ...
... good luck ...
... John ...
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I would need to know a bit more info but it is possible that you do not need to deal with probate. The accountant is not correct necessarily because you can file a PA inheritance tax return that involves entirely non-probate assets (it is not a prerequisite to file a return that an estate be opened although it is in most cases).
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