my son was a marine at the time of his death.  He left daughter behind.  The IRS said I have to be the executor of his estate to file his taxes and receive the return for her.  Is it possible to be made an executor after the death of a son who was in the military. If so how do I go about that??  Thanks for your help!
212312
An Executor should already have been named in the Will he left behind.  And yes, he would have been made to provide one before deploying.
554551
Start with your local police.  You do not need to be someone's blood relative to be named as an executor of a will or trustee of an estate.
132992
If your father passed away without a written will, signed, witnessed and notarized, then he died intestate.  According to Common law, which is basis of most U.S. states legal code, (except for Louisiana, which derives from the code Napoleon,)  an estate intestate goes into probate (a type of court meant to oversee estates.) The court then administers the estate to fulfill the following tasks:\n1) to discharge any just debts and estate expenses (funeral, administering the estate.)\n2) depending on the jurisdiction (which state your father died in) establishing the legal existence of the heirs-of-his-body (you and your siblings and any other family he might have) and his heirs-at-law (any legal partnerships or contract relations he might have had.)  \n3) based on the above findings, dividing his real estate (property) among his heirs according to the laws of that jurisdiction, and disposing of his chattel (things/objects that your father might have owned or been a partner to) according to your father's debts, the claims of creditors or partners (if any) and the legal claim of family.\nThis is a very long and drawn out process, which includes posting the announcement of your father's death in the newspapers for a set amount of time, filing all the relevant papers to show that you and your siblings are your fathers' heirs (birth certificates, etc.) and finally getting all the interested parties to sign off on the decisions of the probate court.  this process can sometimes take a year or more, as the estate slowly makes it way through the court calendar. \nAs to the question of time limit, that gain depends on the laws of the jurisdiction in which your father died. You can get a basic background on the process here:\nhttp://en.wikipedia.org/wiki/Intestate\nFinally, keep in touch with your siblings and see if there is anything they need (in terms of documents,) but try not to push, probate is an excruciating process - legalistic, slow, yet again and again you are reminded of the one who has died as you have to dig through records to find insurance policies or deeds or letters required by the court.\nA final word to you and all readers, write a will.  You do not need a lawyer, (although that can make the process easier.) You can get a form for a legal will a good office supply/stationary store or a legal supply store (we can also download forms now, here is one site with a free form and guide:\nhttp://www.ilrg.com/forms/lastwill/10steps.html\nthere are others.)  Make sure that you sign the will with two witnesses, in front of a notary public (you can find one at your bank or, often at a mailbox/ packing center - like Kinkos.) Either leave instructions (and, ideally money) for your burial, or, if you can stand it, arrange it yourself before hand with the mortuary or burial society of your choice. Make sure you leave only the copy(ies) of your latest will - ALWAYS DESTROY ANY OLD OR REWRITTEN WILLS.  Make sure that you family, care-givers, lawyer knows where your will is.  I know this sounds like a hassle (and it is,) but it will save your family a lot of extra grief aside from that they will feel at your loss, and it will make sure that most of your estate goes to your heirs and not the courts.
71584
Im sorry for you loss.  I hope this will help you and your friend. Because he was a veteran (military) he should be eligable for burial benefits in a national cemetery.  In some cases, there is no cost to the family.  My grandfather was buried in a natinal cemetary when passed on several years back, and i don't beleive my grandmother was charged anything, but im not 100% sure.\n\nHeres the link to the natinal cemetary admin. page.  It has all the information on the national cemetery's (including benefits etc.).  There located in almost every state.  I hope this helps you.  \n\nhttp://www.cem.va.gov/burial.htm
359165
Telephone the INS to see ALL that will be necessary to achieve what you want. If they require documents that you don't have copies for (i.e joint tax return), then start calling the agencies that you sent them to. IRS is pretty good about answering your questions and sending copies, although good luck with INS. Be sure you have a pen and paper ready before you start and write down dates, times and names of people you spoke with, as well as what they told you. Keep a record of EVERYTHING. ALWAYS. FOREVER and EVER. especially if you are working toward citizenship. If you can't get satisfaction, then have your wife call her congressman.
673758
Its tricky... You can contest probate up to 180 days (I think) after the death.  If you have signed documentation that says that his estate goes to your husband, and there's language that says the written agreement superceedes any and all other agreements, you have a shot.  My advice is find the document, and go get a good lawyer who won't charge outrageous fees.  There aren't enough details in your blurb for me to tell you anything other than that.
234058
Do you mean dies in Iraq, becomes an Iraqi?  I hope not.  Or is in US service from a different country, if the US automatically makes him a citizen?  Neither is a definite.  I have heard of it happening, but I believe that the family requested he be a citizen post humusly.  It might look good for the family if they are trying for citizenship, but it wouldn't be a deciding factor.  They'd still have to jump through the bureaucratic hoops to get citizenship.  Even foreign members of our military now have to spend a lot of effort to get sworn in.  I've met people on their second enlistment (more than four years in the military) who haven't been given citizenship yet but were trying.  But then again, I've never asked when they started trying either.
124109
You need to get an attorney specializing in probate and estates.\n\nYour sister "can" make changes to the will but she's not allowed to.  She "can" be appointed executor but she doesn't have to be.\n\nWhomever files the probate first has the best shot at being named executor and you may not actually need the will to do it (just the knowledge that there is a will).  Call a lawyer this morning.
492353
Your husband is not going to get his wish.  It appears that your husband accepted your son's word that he could not be both the beneficiary and the executor.  This is most likely incorrect.\n\nYou need to consult with an attorney in New York who handles probate matters.  The executor can be changed by order of the probate court that established the estate.  The executor can also be forced to provide an accounting, and furnish evidence that what he has done has been in the best interest of the estate.  An executor of any estate has a fiduciary duty to properly handle the distribution.\n\nIts also improper for the son to attempt to force your husband to sign any documents as executor of the estate.  The important thing to realize is 1) Your husband needs to stop listening to his son.  The son is not acting in your husband's interests, he's likely acting in HIS interests.  2)  You need to contact an attorney immediately.\n\nFor a referral to an attorney, contact your local or state bar association.
520504
It would be a very good idea to get hold of one of a simple guide on being an executor.  These are readily available in good book shops.\n\nThis is what you need to do as executor.\n\n1.Make sure you get plenty of copies of  the death certificate - 15 is a good working number.  You will have to show copies to banks, building societies, companies with which the deceased held shares...it goes on and on.  Many organisations will need sight of an original Death Certificate before releasing funds. Copies obtained from the Registry of Births Deaths and Marriages are regarded as 'originals' as opposed to a photocopy of the certificate.  \n  \n2.. Apply for a Grant of Probate via the nearest Probate Registry.  You may well have done this already. \n\n3.  Arrange to open a  Personal Representative's bank account. This will be used for paying in money due to the estate and any loan arranged to pay an Inheritance Tax bill and/or probate fees. This could easily be a major item if you are dealing with property. Eventually it will be used for paying out bequests under the will.  Warning: after twelve months the bank will start charging monthly fees.\n\n4. Inform all relevant persons and organisations - banks, building societies, life assurance companies, employers, local authorities, Inland Revenue, benefit agencies etc. \n\n5. Arrange for a valuation of the Estate. This will include the property, together with its contents, other personal effects, investments in savings plans, stocks and shares, life policies, building societies etc. Draw up a detailed  list of all the Testator's assets. \n\n6. Draw up a list of debts that must be paid from the proceeds of the Estate. These will include mortgages, any income and capital gains taxes, bills, credit cards, loans and overdrafts. \n\n7. Complete the forms required by the Inland Revenue Capital Taxes Office so that it can be established whether any Inheritance Tax is due.\n\n8. Complete the probate forms and send or take them to the Probate Office along with the original Will, the death certificate and the Inland Revenue account.\n\n9. Provided that the case is fairly straightforward, an appointment will be made for the personal representative to 'swear the papers' within about 5 - 6 weeks of receipt at the Probate Office \n\n10. When Inheritance Tax is due the Executor's account of the Estate is passed to the Inland Revenue and the Grant of Probate cannot be issued until the tax is paid. There will be circumstances where part of the Estate has to be sold to pay Inheritance Tax and if this is the case banks can arrange loan facilities to pay the tax straight away. \n\n11. Copies of the Grant of Probate should be sent to everyone who owes money to the Estate. You now as Executor have a legal authority to pursue any debts owing to the Estate. \n\n12. When the Grant of Probate is received, the Estate can be divided according to the terms of the Will. The Executor must prepare and sign accounts showing who has received what from the distribution. They must be able to show that they acted in accordance with the terms of the  Will in case there is any dissent from the family of the deceased. \n\n13. All papers, including the Grant of Probate and the accounts must be stored safely for a period of 12 years.\n\n\nAs you can see, it all takes quite a long time and you will certainly need to instruct a solicitor for the conveyancing.
395527
Yes, it goes to probate, and Uncle Sam is the first in line for any $$$.\n\nGood luck.
36465
I'm sorry to hear that. Did he just pass away? I'll copy this from a book I have on checklists for everything:\n1) Call a close friend or family member to help you.\n2) Find out is he had already made final arrangements.\n3) Decide about the funeral. The body can remain as is for 72 hours, so you have time to decide on your choices.\n4) If you need to relocate the body before burial plans are finalized, you can ask for a temporary storage at a funeral home. Make sure you indicate the funeral director that you might have a different option of funeral home. You can do that.\n5) Inform friends and family about service after details are finalized.\n6) Keep careful track of the original death certificate. You'll need it. Make a ton of copies.\n7) Decide on an obituary and where it should appear.\nTake care.
606946
O.K., you need to tell me more details. Like what state you're in and what kind of estate you're dealing with. I work in title so I can resolve your question, I just need way more information...Was there a will, did the landowner die intestate, were there any heirs, have there been suits of use and possession filed.....too much to list, to answer this you need to start from the beginning. e-mail me and we can maybe get this resolved...Provided the will is simple heirship and the estate has no debts, the executor does not have to file.
116935
I don't know, but crooks will try anything, won't they? Talk to a lawyer who knows about pre-nups and estates. Contact legal aid if you have no $$ for a lawyer. Sounds shifty to me. Good Luck to you.
470168
Not being an attorney, I would believe it goes something like this:\n\nIf you mother dies, you believe she has a will but have not seen it. SHe would have a copy, likely in her papers or safe deposit box. If you have no access, you contact an attorney to help. They will get a judge to declare an executor and the heirs because there is no known will. There may be taxes and fees involved. If no will is found, there is no will. \n\nIt seems that you believe that the lawyer has the only legal copy...they do not. They have a security copy to prove you mother's is not corrupted. It is your mother responsibility to appoint an executor to execute the will in her name. The executor shoudl know this before hand...and perhaps the location of the will, but not the contents of the will. \n\nThe attorney or judge could pulish in a law journal for known wills of people too.
508729
I'm not an attorney which means that I think you should talk to one to find out what your rights really are.\nThe Executor doesn't have ownership of the will, he merely serves as someone who is supposed to disperse the assets of the deceased as directed in the will.  If he is not doing his job properly then I would talk to someone to find out who he should be reported to.  I'm not sure if this is criminal or merely civil malfeasance but, again, you should ask someone who knows.  You may be able to sue the person for full disclosure.
248314
What on EARTH are you talking about? "with the Commonwealth"? What's that?\n\nInheritance laws, in absence of a will, are usually pretty explicit. Husband (if any) gets half, children get the rest split evenly (Can vary between jurdistictions).  A proper will, drawn up by a knowledgable lawyer, should be enforceable. They're pretty hard to break unless you can show coercion... Failure to properly identify you in the will (calling you a niece/nephew instead of a son/daughter could invalidate the will or at least guarantee you the proper share, with a good lawyer).\n\nIf assets are hidden or missing, well, that's not easy. You should be able to use tax returns etc. to detemine where all the money was; as heir, you should be able to get the executor of the estate access to those documents; if any income wasn't reported, then, yes, likely the tax "bastards" will take quite a bit before you see anything.\n\nThe short answer to any legal question is - "it depends. Consult a good lawyer."