Maryland  |  Tax Law

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9/09/05, 11:34 am

Legal Question


Can I avoid probate my making my sons executors before my death?

I have to pay federal and state income taxes on my retirement and Social Security. My sons are listed as my personal representatives in my will and can, therefore, do my taxes. However, they would have to apply to the State of Maryland to formally become personal representatives and that costs money and probably will involve probate--something I want to avoid, particularly since they live out of state. Is there a legal form that I can fill out now that would obviate the need of my sons' filing as Personal Representatives? Could I, e.g., do a Power of Attorney that gives them the legal right to do my taxes? Would IRS accept that? Thank you.


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