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April 28, 2021
Probate Estate Taxpayer Employer Identification Number (EIN)

Probate Estate Taxpayer Employer Identification Number (EIN)

When a person passes away and an estate is opened to handle the distribution of the person’s assets and other legal matters, the first thing those handling the estate should do is obtain an Employer Identification Number (EIN) to identify the estate to the Internal Revenue Service (IRS). In this blog I use the term “estate representative” to include a representative or executor for an estate. Although the IRS uses the term “employer EIN” the […]
April 27, 2021
Do I Have to Serve as Executor

Do I Have to Serve as Executor?

After a relative or friend dies, you may be surprised to learn that you were chosen to be the executor of their estate. You might feel pleased to have a chance to do a final and important favor for someone you loved. On the other hand, you might feel you have little choice so that you have to accept the job. In fact, you do have a choice. Even if you feel an obligation to […]
April 26, 2021
Non U.S. Citizen Owned Property in California at the Time of Death

Non U.S. Citizen Owned Property in California at the Time of Death

This article does not cover the distribution of real property held in a trust or in joint tenancy. Nor does if cover the taxation of estate distributions. In general, nonresident alien decedents are subject to U.S. estate tax for assets situated in the U.S. IRC §§2101(a), 2106(a). For estate tax purposes, the situs of assets within the U.S. is determined either at the time of death or at the time of transfer of assets (IRC […]
April 25, 2021
Death, Co-habiting Same-sex Couples, Estate Planning and Probate

Death, Co-habiting Same-sex Couples, Estate Planning and Probate

As with heterosexual relationships, breakup or death are the two possible endings for co-habiting same-sex couples. In the event of death, the rights of the survivor is a significant issue, especially with unmarried co-habiting same-sex couples. Many of these married or unmarried same-sex couples have no joint ownership interests in real property and no proper estate planning, such as a Will or a Revocable Living Trust. An alternative method for avoiding probate would be for […]
April 24, 2021
Notice to Creditors With Claims Against California Probate Estates

Notice to Creditors With Claims Against California Probate Estates

Generally, an individual’s death does not extinguish creditors’ claims, but creditors must act quickly to assert their claims against a probate estate to avoid losing their rights forever. Every state has its own laws on probate procedures, including how probate estate creditors are to be handled. The person who is administering the probate estate, often called the personal representative, is supposed to notify creditors that the deceased has died so that the creditors can make […]