Welcome! | Ask A Question

 
 
 
 
Question

Asked 2/11/2008

Probate from which state

My parents were killed in a rollover accident in which my sister was driving. They were residing in Texas, but were in the process of moving to Idaho. When they reached Idaho, that is when the accident occured. My sister has obtained all my parents important paperwork (due to the fact it was in the vehicle involved in the accident) and she is hording everything she has. We have asked her for that paperwork, and she has refused to turn anything over to us. I will be petitioning the court for the start of probate and to be named executor. After 6 months of waiting for my sister to cooperate, I am no longer willing to wait. 4 out of 5 of the siblings live in the state of Idaho, so we will be filing for probate there, and hope they will accept it from there. No one else lives in Texas anymore, but they do have a home up for sale in Texas. Will there be any problem filing from Idaho. Also my parents were retired, living off Social Security only, home was paid for. Will they need something done with the IRS? I don't believe they needed to file anymore.

 
 
 
 
 
Answers

Answer 1/2 - Submitted 6/11/2008

If they only had social security money during the year, they will not need to file as their checks are tax exempt. You should have no problem filing in Idaho. Many people pass with property in other states.

I am so sorry to hear about such a tragedy!

 
 

Answer 2/2 - Submitted 7/5/2008

If there was no will then it would have to go though probate. You are doing the right thing. It is sad that at a time when the family should be pulling together that your sister would be doing this. It does not matter what papers she has unless she has a will stating everything went to her all the papers she has means nothing. Even with a will any siblings have the right to contest the will. They owned their home so your all ok there,if there are any taxes due that would have to be paid. It should not matter where you file for the probate but I would want to file where their home is located,the house and deed and all would be though the court there. I hope things work out for you all and sorry to hear about your loss take care.

 
 
 
 
Answer This Question Now

Type your Answer in the box below and post your answer.

Learn more about how this works

 
 
 

Related Questions (Ask a New Question)

 
4 beneficiaries, older is executor and money hungry.

The younger sister and husband got a little more, they took care of mom last few years of her life. she deaserved what my mom left her. the younger one did everything from medical to paying off everything after death. the older sister got mad about outcome of money. we are talking around a couple of...

See Answers

 
I contributed to my 401k in one state, got an early distribution in another. which state gets the state tax?

That's it, thank you!

See Answers

 
No state income tax move to state w/ income tax

My husband worked in fl for 18 yrs and built up his 401k. whe moved to nc 2 yrs ago. funds were short and we withdrew the money and paid federal income tax and penalties. nc state wants to charge state tax on that money even though it was earned (and sat in an account for years) in fl. do we have...

See Answers

 
Related Questions

4 beneficiaries, older is executor and money hungry.


The younger sister and husband got a little more, they took care of mom last few years of...

 
 

No state income tax move to state w/ income tax


My husband worked in fl for 18 yrs and built up his 401k. whe moved to nc 2 yrs ago. funds...

 
 

401k


We are going through probate in ms. my father passed away and he had a 401k plan but i was...

 
 
 

See more 401k questions

 
 
 
 
 

Ask A Question

Ask a new question about
401k: