Legal Question in Wills and Trusts in Massachusetts
potential wrongful death proceeds probate administration
In Massachusetts, should an estate with no inventory be kept open and a estate tax filed, even though no tax is due, if there is a wrongful death claim pending or should the estate be closed without a tax filing and later file an amended inventory and new asset estate tax if the assets warrant it?
2 Answers from Attorneys
Re: potential wrongful death proceeds probate administration
The facts you describe are too complicated - and too incomplete - to provide a ready answer here. I recommend that you bring the issue to a probate attorney. You may also consult your wrongful death attorney re: these questions.
Re: potential wrongful death proceeds probate administration
It would be wise to consult with an experienced probate attorney under the circumstances described. I assume that a personal injury attorney is already involved.
Tax returns generally don't get filed when there is no filing requirement, and once an executor files his or her final account and is discharged, additional probate court procedure would be necessary to administer an after-discovered asset. Beyond this, one would be well-advised to contact an experienced probate attorney.
Please feel free to contact me if you would like to pursue this further.
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