My father passed away leaving $10,000.00 in credit card debt, I don’t have to pay for that, do I?
In most situations, you are not directly responsible for the debts of your loved ones, but the debts may have to be paid prior to closing the Probate case with the court. However, if your loved one has assets, any outstanding debts may be required to be satisfied prior to you getting a distribution. A skilled Probate attorney can get creditors’ claims barred if not brought in the proper manner or employ strategies to negotiate the payment of substantially less than the claimed amount and save you money.
My father died and my brother petitioned the Court to be the Personal Representative of his estate. He already has an attorney representing him, do I need an attorney?
First, you need to make sure you understand that if you receive notice that someone is petitioning the Court to be a personal representative and are represented by an attorney, their attorney is NOT YOUR ATTORNEY and does not necessarily represent your interests. Chances are that attorney will not be available to you to explain the process or update you on what is going on. It is always the safest bet to employ your own attorney to represent your interests.
Will I have to pay inheritance tax and if so how much?
Due to a recent change in law, you can be certain that you will owe no State inheritance taxes and will not owe any federal unless the estate is valued at more than 11 million dollars.