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Estate refuses to respond

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scott100678

Junior Member
What is the name of your state? TN

My friend passed away in March 2006. Together we had $22,000 in a joint account. The account is structured as Joint Tenants with Rights of Survivorship. In order to remove her name from the account, the State of TN requires a signature from the executer of the Estate. The specific form is called an Inhertance Tax Waiver.

The Lawyer for the estate requested all the details about the account, and I provided all it.

It has been 4 months since then and I haven't heard anythign from the estate. They refuse to return my calls.

thanks for any help
 


Dandy Don

Senior Member
Go to his office in person and ask to speak with him about this and send a certified letter with return receipt to his office. Did the bank give you the inheritance tax waiver form or did you get it from somewhere else?

Does the decedent have a last will and testament and are there other assets and are there other beneficiaries besides you? Will you be getting anything else from this estate?

Would you be willing to offer him a financial inducement to expedite his signature or do you think he should just go ahead and do what he is supposed to be doing?

DANDY DON IN OKLAHOMA ([email protected])
 
Last edited:

Zigner

Senior Member, Non-Attorney
What is the name of your state? TN

My friend passed away in March 2006. Together we had $22,000 in a joint account. The account is structured as Joint Tenants with Rights of Survivorship. In order to remove her name from the account, the State of TN requires a signature from the executer of the Estate. The specific form is called an Inhertance Tax Waiver.

The Lawyer for the estate requested all the details about the account, and I provided all it.

It has been 4 months since then and I haven't heard anythign from the estate. They refuse to return my calls.

thanks for any help
Maybe I missed something...but why don't you just open a new account and transfer YOUR money to the new account?
 

Dandy Don

Senior Member
True, it is not part of the estate, so why doesn't the friggin attorney tell him that and cooperate by giving the document? Who was it that gave him the form or told him it was necessary?

How much money is in the account, Scott? If you look on the back of the inheritance tax waiver/release form on the instructions, it clearly states that the waiver/release form is NOT needed for bank accounts, certificates of deposit and savings bonds. Therefore, you need to go directly to the bank or company that is holding the account and ask for the check to be made out to you as soon as possible and the bank shouldn't even be asking for this waiver/release since the money is payable to you by rights of survivorship. Somebody is trying to make this harder for you than it should be.

DANDY DON IN OKLAHOMA ([email protected])
 

scott100678

Junior Member
Don

The money is held in mutual funds with Edward Jones. They are the ones telling me that I need the executor of the estate to sign an Inheritance Tax Waiver before they can realese the money.

I have since heard from the Estate's Lawyer. He agrees that the money is righfully mine. However, his client who is the executer of the estate still refuses to sign. He suggest that I need to contact an attorney in order to threaten a lawsuite. He believes this action might motivate his client.

The attorney I contacted wants a $500 retainer and $200 per hour

Thanks - Scott
 

scott100678

Junior Member
Don

I justed contact the TN State office that deals with the Inhertinace Tax Waivers and they did confirm with me that this form is required because 1) was not married to the deceased, and 2) the money is held in mutual funds

Thanks - Scott
 

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