Legal Question in Wills and Trusts in Connecticut
my aunt died in 1960, allowing my other aunt (her sister) to live in her Massachusetts home until her death, then the house would be sold and split between my brother and I. No mention was made of the contents of the house or any bank accounts or investments. My brother made himself executor in 2000 when my surviving aunt became ill and took the contents of the house in 2005 when my surviving aunt died. The house was sold and $50,000 of my share was sent to a CT attorney (I live in CT) by my brother's MA attorney for "federal and state taxes". My understanding is that there are no inheritance taxes below $5M. I was undergoing chemotherapy in 2005 and 2006, and was in no condition to deal with an attorney I didn't know, and I let this slip by. Can you explain why the MA attorney did this, and if I did owe taxes on the sale of the estate. I never heard from the CT attorney and to my knowledge he still has my $50,000.
1 Answer from Attorneys
A) I'd have to research what the federal and state (was she a Mass resident?) inheritance taxes were in 1960. The 5 million limit was federal 2012. Now it's $5,250,000.00. State limits were all over the place in 1960. Then there penalties and interest from time of death. So who knows what may or may not have been owed.
B) How did she "allow" her sister to live in the house? Was there a will? Had she given the sister a life use by deed? Did the life use include contents?
C) Your brother didn't "make" himself executor. That would have had to have been done by a probate court. (And "executor" is only when there is a will. If no will, it's an "administrator".) And if he is indeed an executor, then there had to be a will. Whose? The one who died in 1960, or the 2005 aunt?
D) If your brother was named executor or administrator, there had to be something to administer. Check the probate court records for where she died and see what was listed as assets. If the house was sold, there has to be a record in the probate court.
E) Contact the lawyer in CT to ask about the 50K.
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