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Old 09-17-2008, 12:13 AM
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Question My sister was executor and i never signed the closing form of my Mom's estate.

My Sister was executor and she never sent me the Notice of final Petition or any forms for My Mom's estate. I overpaid the estate tax that she paid without consulting me. She waited 2 years to tell me she paid my share of the tax and then asked me for the payment with the overpayment. It was too late then to ask for a tax adjustment from the IRS. I repaid my Sister based on my trusting her. This was in NY State.

I took a book on executor duties out of the library. It mentions all of the tax forms and the last form for the judge to notify the distributee of the closing of the will. I never signed any forms. I was never made aware of any forms at any time she was doing her executor duties. I understand that if I had asked that it would have been considered as stalking my Sister and asking about the estate.

I wonder if this is considered a wrong way to handle things by my Sister and was she negligent? I have no idea if this is something I can go to court with. I have never seen any of the forms that were sent to the IRS or the Court. The estate closed in 1995 but I am not sure if it ever closed without my signature. I never got my overpayment money returned to me by my Sister. Does anybody have any idea about this?
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Old 09-18-2008, 06:56 AM
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Quote:
Originally Posted by Jerryfuchs View Post
My Sister was executor and she never sent me the Notice of final Petition or any forms for My Mom's estate. I overpaid the estate tax that she paid without consulting me. She waited 2 years to tell me she paid my share of the tax and then asked me for the payment with the overpayment. It was too late then to ask for a tax adjustment from the IRS. I repaid my Sister based on my trusting her. This was in NY State.

I took a book on executor duties out of the library. It mentions all of the tax forms and the last form for the judge to notify the distributee of the closing of the will. I never signed any forms. I was never made aware of any forms at any time she was doing her executor duties. I understand that if I had asked that it would have been considered as stalking my Sister and asking about the estate.

I wonder if this is considered a wrong way to handle things by my Sister and was she negligent? I have no idea if this is something I can go to court with. I have never seen any of the forms that were sent to the IRS or the Court. The estate closed in 1995 but I am not sure if it ever closed without my signature. I never got my overpayment money returned to me by my Sister. Does anybody have any idea about this?
I don't know about NY but here in Indiana,if she was the executor, I think that she is the only person who needs to signed. Was it court supervised,probate, or was she doing this all herself without the court? My husband's sister is the executor of their dad's estate and she is being very vindictive with 3 of her 4 siblings. 95 is a long time to wait to do something about it. Let me know what you find out about your state. You would probably have to talk to someone there,like a real estate lawyer. Good luck.
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