Legal Question in Wills and Trusts in California
estate Tax problems
My wives parents died 3 years ago. They lived in California, but they owned two homes in Wisconsin that were inherited. None of the family members involved are residents of Wisconsin. My sister-in-law probated the California will(she is not a lawyer). She had a Wisconsin layer doing a separate probate for the property in Wisconsin-- the same layer that created her parents will.
This has taken a very long time and we feel she she is getting over her head. The California probate is basically done and we are waiting for Wisconsin. The Wisconsin lawyer apparently told her we would have to pay taxes for the California estate to Wisconsin. The California house was sold and funds placed into a trust according to the will. The Wisconsin properties are worth less than $400 combined. California was $800K (total estate was appraised at, way over estimated, $1.5mill-actual value to us was was ~$800k.)
Her parents only owned property in Wisconsin and lived in California for 38 years and were California residences. I am concerned about the lawyer's motives as well.
1 Answer from Attorneys
Re: estate Tax problems
Was your wife a beneficiary of her parents' trust? If there was a trust in place, why was probate necessary?
Your wife should consider consulting with an attorney to (i) take a look at what has occurred to date and (ii) ascertain whether your wife (as a beneficiary) needs representation to protect and enforce her interests.
Call my office if you would like to schedule a free consultation.
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