Legal Question in Wills and Trusts in California
Estate Inheritence for Foreign Nationals
Following my father's death(US citizen)in California in his will I was left part of his estate.The property in question was sold almost three years after his death. I understand the Court had already made an order for distribution but the CPA may withhold my share of the capital gain. I estimate that this would amount to less than $80K. How much would my liability amount to, and how soon could I reasonably expect a decision?
Thank you
1 Answer from Attorneys
Re: Estate Inheritence for Foreign Nationals
The questions cannot be accurately answered without additional details. Rather than reject your questions, however, this response explains what is necessary.
The current status of the estate and the possible timing of any distributions cannot be determined without reference to the court records. In some counties in California certain court records can be obtained online. In others, it is necessary to travel to the Superior Court location, order the records by mail from the Clerk or pay an outside service to copy records. The case name and court file number are needed.
Estimate of the estate and income tax liability of the estate requires specific detailed information which must be obtained from the CPA and/or court records.
As a named heir you should be receiving copies of documents filed with the Superior Court. If not, the status of the estate should be checked as soon as possible to confirm that the CPA/executor is properly administering the estate.