Legal Question in Wills and Trusts in California

Inheritance tax debt

I am the executor of an estate. Deceedant died in 1982 and the State had 18 months to evaluate the estate. I made a deal with them to pay the debt on payments. I paid payments for 18 months and wrote a letter to them that I will ont pay anymore until they valuate the estate. Twelve years after the date of death they evaluated the estate. How can this be done. For ten years I heard nothing. I refused to pay and they still harrass me. Is this legal?


Asked on 4/23/08, 4:55 pm

3 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Inheritance tax debt

You might want seek out a tax attorney.

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Answered on 4/23/08, 11:50 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Inheritance tax debt

The estate has to be evaluated as of the day of death. Whether they can do this depends upon the statute of limitations, which I believe starts to run after you file an estate tax return.

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Answered on 4/24/08, 5:20 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Inheritance tax debt

you will need to consult a tax attorney. did you probate this estate? if not, this type of unresolved issue is one reason probate is useful, even when not required.

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Answered on 5/06/08, 11:02 am


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