Decedent tax refund disposition

[kwijok]

What is the name of your state? South Carolina
My neice passed away on December 5, 2003. Her Will was probated and closed on January 6, 2004 in Lancaster County, South Carolina. Her Personal Representative, a son, signed and filed both her Federal and State tax returns for 2003. A refund is being processed by both taxing authorities.

My question is: Are her two sons entitled to their pro-rata share (50/50) of these refunds, as provided for in her Will, or do any creditors including doctors, hospitals, etc. have any claim to these funds since her estate has been probated and closed?

Thanks in advance for your assistance,

Jack Simpson

 

[JETX]

What is the name of your state? "Are her two sons entitled to their pro-rata share (50/50) of these refunds, as provided for in her Will, or do any creditors including doctors, hospitals, etc. have any claim to these funds since her estate has been probated and closed?"
*** That sounds like an EXTREMELY short time to close a probate and is probably NOT correct. In South Carolina, the probate process consists of three parts: (1) the opening, (2) the administration, and (3) the closing. For example, South Carolina state law (section 62-3-803) allows the creditors ONE YEAR to file their claim with the estate. Your statement that this estate opened and closed in one MONTH simply doesn't appear correct.
Source: http://www.scstatehouse.net/code/t62c003.htm

The tax refund will be an asset of the estate and after the prescribed time for creditor claims has ended, and the debts paid, any remaining assets are to be distributed in accordance with the provisions of the will.

 

[kwijok]

Thanks for your help, JETX.