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Anyone ever dealt with probate? Advice needed
Posted on 4/14/25 at 4:06 pm
Posted on 4/14/25 at 4:06 pm
I’ll try to be concise here. Basically my uncle passed away several years ago. He had inherited my great aunt’s house and estate. Never have been close to that side so not sure how, several years later, they get around to dividing the estate.
Anyways get a text from my aunt stating my brother and I would inherit our deceased dad’s portion. Then get from a lawyer stating my aunt was the executor of the will. A very long period of probate starts and we finally hear back in December. Brother and I will split approx 95,000. Then told that it was pending approval from Kentucky Revenue Cabinet.
That was this past November. Have made multiple calls to the attorney’s office, always “give it another week,” always moving the goalposts.
Is it typically a months long process to approve a probate and do we have anything to gain from calling KY Revenue Cabinet ourselves?
Anyways get a text from my aunt stating my brother and I would inherit our deceased dad’s portion. Then get from a lawyer stating my aunt was the executor of the will. A very long period of probate starts and we finally hear back in December. Brother and I will split approx 95,000. Then told that it was pending approval from Kentucky Revenue Cabinet.
That was this past November. Have made multiple calls to the attorney’s office, always “give it another week,” always moving the goalposts.
Is it typically a months long process to approve a probate and do we have anything to gain from calling KY Revenue Cabinet ourselves?
10
Posted on 4/14/25 at 4:10 pm to BluegrassCardinal
yes/////////no
Posted on 4/14/25 at 4:14 pm to Trevaylin
Yes as in a long time to approve and no in nothing to gain?
Posted on 4/14/25 at 4:14 pm to BluegrassCardinal
not sure it was a similar circumstance but my wife inherited money because her dad is deceased and she's an only child. the probate time was years long before she got the last of the money. I think there were at least a dozen people or organizations on the receiving end. this is Alabama, not sure why KY Revenue is involved.
Posted on 4/14/25 at 4:38 pm to Jmcc64
Apparently Kentucky taxes estates, or at least that’s my understand why it’s hung up at the Revenue cabinet
Posted on 4/14/25 at 4:46 pm to BluegrassCardinal
and that may well be the case in AL. it was out of the blue really, so we didn't care; any money at all would be cool, so no hurry.
Posted on 4/14/25 at 4:53 pm to Jmcc64
Alabama doesn’t tax inheritances. Apparently KY is the only southern state ( if we’re even southern) that taxes estates
Posted on 4/15/25 at 7:04 am to Jmcc64
quote:It makes the process a little easier
not sure why KY Revenue is involved.
Posted on 4/15/25 at 7:20 am to BluegrassCardinal
I’m not a lawyer but this is one reason people suggest estate planning especially in certain states and situations, it can help make probate easier and quicker.
ETA: I would absolutely call. Many state employees are worthless, but plenty are very good. I’ve received plenty of help from state employees by being nice. It could be hung up on something dumb you or someone else could help push through.
ETA: I would absolutely call. Many state employees are worthless, but plenty are very good. I’ve received plenty of help from state employees by being nice. It could be hung up on something dumb you or someone else could help push through.
This post was edited on 4/15/25 at 7:22 am
Posted on 4/15/25 at 9:28 am to BluegrassCardinal
If not properly set up before hand it can be a lengthy process. Going through one at this time in CT...hire a good attorney with local connections.
Posted on 4/15/25 at 11:31 am to BluegrassCardinal
I was executor on two recently, one closed in five years, the other seven years
Posted on 4/15/25 at 12:45 pm to BluegrassCardinal
In Louisiana you need to get a tax certificate from the State saying no taxes owed by the deceased. If you don’t walk it through, it takes time.
This post was edited on 4/15/25 at 12:46 pm
Posted on 4/15/25 at 3:12 pm to BluegrassCardinal
Is that where a court appointed attorney is paid most of the estate to ensure the estate is lawfully dispensed?
This post was edited on 4/15/25 at 3:13 pm
Posted on 4/15/25 at 4:50 pm to UptownJoeBrown
quote:
In Louisiana you need to get a tax certificate from the State saying no taxes owed by the deceased. If you don’t walk it through, it takes time.
this is no longer the case. LA abolished inheritance taxes like 15 years ago. That is all that must be alleged in the probate pleadings.
Posted on 4/15/25 at 4:58 pm to BluegrassCardinal
I would think only the executor could handle it. I was my parents executor and was able to resolve everything pretty quickly but my mom made it easy. Make sure you put beneficiaries on all your investment and bank accounts. Only thing I had to deal with was her car and the house.
Posted on 4/15/25 at 5:16 pm to lsujro
quote:
this is no longer the case. LA abolished inheritance taxes like 15 years ago. That is all that must be alleged in the probate pleadings.
It’s for any taxes such as income. So you no longer need a tax certificate in La? All you do is allege they don’t owe anything?
Also, it’s been awhile since I’ve done a succession. None since 1997 or so. But I am curious about this part.
This post was edited on 4/15/25 at 5:22 pm
Posted on 4/15/25 at 10:53 pm to BluegrassCardinal
The state msy only wabt to talk to the executor
Probate complexity varies from state to state.sone places it is east others a nightmare
Sounds like your issue is a holdup on a closing letter from the state.
Probate complexity varies from state to state.sone places it is east others a nightmare
Sounds like your issue is a holdup on a closing letter from the state.
Posted on 4/16/25 at 5:59 am to LSUFanHouston
This. KY has an inheritance tax not an estate tax. States move slow since they are probably flooded with returns especially right now. You are waiting on a closing letter to disperse the funds. Closing letter basically means the state accepts the return. Technically, the executor could make a partial distribution and hold back a bit in case the state challenges the amount of tax owed. You will probably need to sign a refunding bond and release before receiving the funds. That states that you agree to pay back your portion of unforeseen taxes/debts made against the estate after payment and release the executor from liability.
Posted on 4/16/25 at 10:05 am to UptownJoeBrown
The tax certificate was for inheritance taxes only as far as I know (I have only practiced post abolishment of inheritance tax). I have never seen a succession reference income taxes unless there is a significant debt. Nobody is requesting certificates from LA.
I believe the procedural rules still reference the inheritance tax certificate, so the standard practice is to allege that inheritance taxes were repealed so no certificate is necessary.
I believe the procedural rules still reference the inheritance tax certificate, so the standard practice is to allege that inheritance taxes were repealed so no certificate is necessary.
Posted on 4/16/25 at 2:59 pm to MSTiger33
quote:
This. KY has an inheritance tax not an estate tax. States move slow since they are probably flooded with returns especially right now. You are waiting on a closing letter to disperse the funds. Closing letter basically means the state accepts the return. Technically, the executor could make a partial distribution and hold back a bit in case the state challenges the amount of tax owed. You will probably need to sign a refunding bond and release before receiving the funds. That states that you agree to pay back your portion of unforeseen taxes/debts made against the estate after payment and release the executor from liability.
Yep, you're correct. the state revenue cabinet was able to give me some information. They are auditing the estate, sent request for additional info to the lawyer's office. The lawyer's office has thirty days to submit,then the state can take another 90 days to finalize. Won't be anytime soon.
This post was edited on 4/16/25 at 3:00 pm
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