What can you do if you think the Personal Rep is using the wrong death date for determining basis for Real Estate? The mother survived the father and had a life estate.

[rmonger54]

We are just trying to get to the end.  This process has gone on for 2 years and we have not objected to anything else because we did not want to put whatever there was at more financial risk.  I am retired and we will get to the end ok probably, but others in the family (on the wife's side) could use a fair settlement.  It appears to me that the PR on the deed holders side is attempting to make sure that there is no money for the step mother's children left by the time she gets done.  The court did not order her to use the wrong death date.  We just don't know how to file taxes for the mother's estate and can't find anything online to tell me how.  I have tried numerous times to find someone to actually talk to from the IRS with no luck.  As PR for the mother my wife has an obligation to do the best she can to do what her mothers' wishes were for the benefit of her siblings.

[rmonger54]

We retained a probate attorney, he just does not seem to be trying to do anything but file papers.  He has not done anything we asked him to.  I thought it might be because the estate did not have any intangible assets so we sold the car and pickup, with his blessing, to guarantee that he would get paid so he would actually do something.  The after the court ordered the PR to split the estate all that money ended up in the bank account which is intangible personal and gets divided 5 ways instead of the 3 ways for the tangible personal property.  I don't doubt that there is really nothing more to do, but try to finish this up.  Wish I knew how.

[M-MTax]

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@rmonger54 wrote:

We retained a probate attorney, he just does not seem to be trying to do anything but file papers.  

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That is about all you, and the attorney, can do at this point. Court filings are pretty much all the attorney can do since this needs to be brought before a court.

[rmonger54]

I appreciate your responding to my questions.  At the very least I feel like I put it out there and someone else was listening.  Taxes and Death the only things pretty much guaranteed in this life.  Thanks. This has been a difficult process and a difficult time. I'm sure it will be over soon.