Legal Question in Wills and Trusts in California

Can someone please tell me what sort of taxes can come up, in the estate, if our parent's didn't own any business? Mom has been gone over 10 yrs and Dad over 2 yrs. As the executor, my sister wants to drag this out for another 3 yrs. Our parent's didn't put a time limit and it should be closed.

Can I petition the court to close the estate? If so, what paperwork do I need to file?

Thank you for your time.


Asked on 10/21/14, 10:51 am

2 Answers from Attorneys
Len Tillem Tillem McNichol & Brown

The estate has to file income tax returns every year in which the estate earns a minimum of $600 of gross income.

It's certainly possible to petition the court to remove the executor and appoint a new executor who would then be more prompt in closing the estate. Unless there are highly unusual circumstances, the estate should have been closed 9-15 months after your father's death.

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Answered on 10/21/14, 11:15 am
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Seems like a long time to wait 3 years. Petition the court to appoint another executor. 3yrs is ridiculous.

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Answered on 10/21/14, 3:59 pm


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