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Probate court wants non-probate info?

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muzikmakur

Junior Member
What is the name of your state? South Carolina

I am submitting only one thing for my father's probate. Everything else is non-probate and joint owned or TOD for my mother. Why is the court asking for info about non-probate items? If we didn't have this one thing to go to probate for, they would have no knowledge of non-probate items anyway. I'm afraid that if I list the non-probate items, I may be taxed in some way that I would have otherwise not been.

Thanks,

David
 


seniorjudge

Senior Member
muzikmakur said:
What is the name of your state? South Carolina

I am submitting only one thing for my father's probate. Everything else is non-probate and joint owned or TOD for my mother. Why is the court asking for info about non-probate items? If we didn't have this one thing to go to probate for, they would have no knowledge of non-probate items anyway. I'm afraid that if I list the non-probate items, I may be taxed in some way that I would have otherwise not been.

Thanks,

David

I am submitting only one thing for my father's probate. Everything else is non-probate and joint owned or TOD for my mother. Why is the court asking for info about non-probate items?

What one thing is being probated?

What EXACTLY is the court asking for?
 

muzikmakur

Junior Member
common stock

The one thing is some common stock that my father owned in the company he used to work for. There was no way to list a beneficiary on it and my mother's name was not on it as an owner. I have called the company and they have told me that it has to go through probate.
 

seniorjudge

Senior Member
muzikmakur said:
The one thing is some common stock that my father owned in the company he used to work for. There was no way to list a beneficiary on it and my mother's name was not on it as an owner. I have called the company and they have told me that it has to go through probate.
What EXACTLY does the probate court want to know and do you know they want whatever they want?

Give us facts and details.
 

anteater

Senior Member
muzikmakur said:
I am submitting only one thing for my father's probate. Everything else is non-probate and joint owned or TOD for my mother. Why is the court asking for info about non-probate items? If we didn't have this one thing to go to probate for, they would have no knowledge of non-probate items anyway. I'm afraid that if I list the non-probate items, I may be taxed in some way that I would have otherwise not been.
Many states' probate statutes require that an inventory of all the decedent's assets be filed even if many of the assets will not be distributed through probate. South Carolina appears to require that - an Inventory and Appraisement.

Since South Carolina does not have an inheritance tax and zapped its estate tax for those dying January 1, 2005 or later, state taxes should not be a concern.

(And for information sake, just because an asset is not part of the probate estate does not mean that it is not part of the taxable estate.)
 

muzikmakur

Junior Member
Seniorjudge:
They are asking me to list all non-probate inheritances such as IRA and life insurance. This is just in the application process. I guess I'm just not sure why they need info about items that aren't going to go through probate anyway. My fear is being taxed for inheritances that they would not even know about otherwise.

Thanks again for your help

Anteater: Yes, it is an "Inventory and Appraisment list". Sounds like according to you that it's just a requirement and nothing to fear in the process.

Thanks again for your help
 

BelizeBreeze

Senior Member
It seems you are either not qualified to be administrator of the estate or are attempting a fraud on the court.

Either way, answer as the court demands or not.

You know what will happen if you don't.
 

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