Notice of personal Representative: States no will?

[BrentNewland]

(Colorado)
In order to avoid double-posting back story, I'll just link to my other (related) topic: Estates & Deceased Taxes: Need to pay

Anyways, I was looking at the form "INFORMATION FOR APPOINTMENT" and I noticed that it has the box checked "The decedent left no will", yet I have held the will in my own hands. That pertains directly to the other post I made: If it claims there is no will, and it has "disappeared", then we owe the IRS $15 grand.

It's currently in Unsupervised probate, informal, without bond. The appointment form was sent March 24th. What options do we have?

 

[BrentNewland]

I just learned that the original will has been "lost", but there are witnesses who saw the will being put into the safe that the Personal Rep later had access to, and there are lots of copies. Any options here?

 

[anteater]

I know that you don't want to double post, but this is a little skimpy.

Whose estate? Great-grandfather's?

If the estate is being probated, who is the administrator? Are you certain that "The decedent left no will" isn't just a mistake?

(And how did you quote so extensively on your Tax question if the will has disappeared?)

 

[Zigner]

And...a copy of a will is not a will.

 

[BrentNewland]

I know that you don't want to double post, but this is a little skimpy.
Whose estate? Great-grandfather's?
If the estate is being probated, who is the administrator? Are you certain that "The decedent left no will" isn't just a mistake?
(And how did you quote so extensively on your Tax question if the will has disappeared?)

My great-grandfather's estate is the one in question at the moment. I learned that the original will had been "lost" (as in, seen by multiple people but disappeared mysteriously) but I have a copy in my hands, as do all interested parties. I'm not sure why no one tried to get the will admitted when he died in February, but now I'm helping take care of it.

As I said, the estate is under informal probate, unsupervised. The personal representative is one of my great-grandfathers children. I have seen the forms filed and they do indeed state "The decedent left no will".

I have learned that we should be able to get a copy instated with the proper witnesses.

 

[anteater]

I have learned that we should be able to get a copy instated with the proper witnesses.

Good. I was going to suggest investigating that possibility. Some states allow a copy, with sufficient evidence; some don't.

By the way, I don't thnk that this would be correct:

If it claims there is no will, and it has "disappeared", then we owe the IRS $15 grand.

Even under intestacy, your predeceased grandfather's children would "stand in granfather's place" to inherit.

 

[BrentNewland]

Even under intestacy, your predeceased grandfather's children would "stand in granfather's place" to inherit.

I don't understand that part as well as I do others. It means my grandfather's children (my mother and her siblings) would inherit anything my grandfather would have inherited (which, right now, is $20G), but wouldn't the IRS want to take their owed $15G first? Or, since my grandfather is deceased, is it that his children have an interest in the state now and he does not, therefore the IRS can't collect from my great-grandfather's estate taxes owed by my Grandfather?

 

[anteater]

Or, since my grandfather is deceased, is it that his children have an interest in the state now and he does not, therefore the IRS can't collect from my great-grandfather's estate taxes owed by my Grandfather?

That's about it. The IRS can't snatch what your grandfather, or his estate, is no longer entitled to receive.