Recent content by Phil Williamson

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    Why aren't retirement accounts of married decedents considered joint assets during probate?

    This isn't for anything specific. Just something I've wondered about in general about estate management and probates. I always though it was odd that a married person can designate that their typically joint assets like 401k's, IRAs, property, etc. go to a random person rather than their spouse...
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    Why aren't retirement accounts of married decedents considered joint assets during probate?

    From what I understand, retirement accounts are generally considered joint assets if a couple were to split up. They are considered joint assets even if they are in one spouse's name. But if a spouse dies and the retirement account has been setup with a beneficiary, that beneficiary will get the...
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    Is it possible to re-appraise an inherited asset to correct its step-up value?

    Yes, related to that, although not about those troublesome rights in the other post. These are rights that are in the decedent's name (Diane). There are a lot of tiny mineral rights and royalty interests in the estate. Many of them don't appear to have any revenue associated with them to use as...
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    Is it possible to re-appraise an inherited asset to correct its step-up value?

    The question is more about if the value that is assigned at probate can be modified by an heir. For instance, if the heir inherits a widget that the executor valued at $100, but the heir knows it's worth $10000, can the heir have their own appraisal done so that the step-up value of $10000 is...
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    Is it possible to re-appraise an inherited asset to correct its step-up value?

    There are a number of different kinds of assets which may be difficult, and possibly expensive, to accurately appraise during probate. If an heir receives an asset and thinks the value assigned by the estate is incorrect, can they have their own appraisal done at a later time? For instance...
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    How to handle mineral rights in prior person's name that were never re-titled to decedent?

    The divorce, Sam's death, and the probate of Sam's estate was decades ago. No one has any idea why all the rights were not transferred to Diane back then. Even Sam's executor has passed away. The divorce settlement agreement was filed in the county where the rights exist. It says that Diane gets...
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    How to handle mineral rights in prior person's name that were never re-titled to decedent?

    I'm helping with a probate which has some mineral rights that the decedent owns but are not in her name. They are still in her ex-husband's name (deceased). She was granted the mineral rights in the divorce settlement agreement, but some of the rights were never transferred to her name. So...
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