Estate Tax ID Question - How Long?

[FrankJohanssen]

What is the name of your state (only U.S. law)? Florida

Hello folks,

My mother passed away at the beginning of June. Within two days, my sister and I - her sole benefactors, heirs, etc - the only two named in the will - met with her attorney to get things rolling with regards to settling her estate. Her attorney noted that her will was very straight-forward. Much of her money had been set up in trusts for us and would not have to go through probate. The only things needing to go through probate were her house, its furnishings (valued at about $1,000) and her car.

We were told not to pay any medical bills until we set up an estate account at a bank, and that we could not set up an estate account until we were furnished, by the attorney, with a specific tax ID number.

Well, it's been over two months. I'm getting third and final notices on countless medical bills. Others have told me that getting a tax ID for an estate account shouldn't take this long.

When others in Mom's area asked me if I had an attorney and I said yes and mentioned this fellow's name, I invariably got the response, "Oh, he's the best there is." And when meeting with him, my sister and I both liked him.

He told us that best way to keep in touch was through email with his paralegal. I'm not bombarding her with trivial questions. I've emailed her a total of four times. But my last email, from two weeks ago, remains unanswered.

Do I just sit back and relax and try to realize all of this takes some time or should I be concerned that just getting a Tax ID to set up an estate account so I can get these creditors off my back is taking so long?

Any insight you can provide me with would be much appreciated.

 

[tranquility]

If you have the information, it should take a couple of minutes.

Go to:
Apply for an Employer Identification Number (EIN) Online

and apply online.

As to the creditors, tell them she's dead and to stop calling you. Send a copy of the death certificate if they demand it. Make the proper estate/debtor notifications. If the calls don't stop, tell them you will explore your legal remedies. Keep track of all of them and pay them when the money is available.

 

[Dandy Don]

What's wrong with going into his office in person to get answers to your questions? What is the total value of this estate?

This is unprofessional behavior and only the beginning of what to expect from him in a long process that will last a few months. Unless he can give a valid reason for his behavior you should seriously consider firing him OR getting a new attorney if you have not paid a retainer fee to the previous one. The fact that he won't respond quickly AND has misled you about the time it takes to get a tax ID should make you suspicious of whether he has something to hide in his handling of this estate.

Call up any other probate attorney or your local library and ask them how long it takes to get a tax ID number.

DANDY DON IN OKLAHOMA ([email protected])

 

[FrankJohanssen]

Excellent Advice

Thanks tranquility and DandyDon. Excellent, straightforward advice.

To answer some of the questions posed in your replies:

Mom's estate, house included, is worth probably about $150K.

The reason I hadn't walked into the office and demanded answers is that the attorney is in Florida and I'm across the country in California. (I was in FL for the past few months and had been dealing with them more directly up until recently.) But I've so far resisted calling because, frankly, if indeed this is just a long process, I figured an email would be a lot less intrusive - I'd already gotten the impression that my previous calls and emails were perceived as the anxious, annoying queries of someone who has no idea how long any of this takes. (Because I don't.)

Anyway, I'll be in touch with them this morning. And I'll advise the creditors as tranquility has suggested. Thanks so much, both of you, for the advice!

 

[anteater]

Who is the personal representative of the estate? You? Sister? Both of you? The attorney? Has the appointment been made by the court yet?

I disagree some with Tranquility regarding the creditors. Experience may differ, but mine has been that, in the case of a probate estate, being open and honest with them usually gets them off your back. I would tell them that the probate estate is being opened, that there will be sufficient assets to pay legitimate claims (assuming that is the case), and that they will just have to be a bit patient. Allay their fears of being stiffed and they will usually calm down.

 

[tranquility]

I agree with anteater. It's always better to go the easy way and to get agreement between the parties.