In Fry, the court held that the waiver of apportionment was effective as to all nonprobate assets, with the result that the estate taxes that exceeded the residuary probate estate
were payable from the other probate assets (i.
Definition of estate: Under Section 1396p(b)(4), for Medicaid purposes, the term "estate" means the probate estate
, as defined under state law.
Probate can be expensive, particularly for largest estates in states where attorney and executor fees are fixed by law as a percentage of the probate estate
Depending on the terms of any existing will and the existence and parentage of children, a surviving spouse may be entitled under the rules of intestacy (or under the pretermitted spouse rules if there is a pre-marriage will in place) to all of the deceased spouse's probate estate
, to half of the probate estate
, or to half of the probate estate
plus the first $60,000 of the probate estate
For income tax purposes, an "estate" includes only those assets owned by the probate estate
, not property owned by an heir immediately after the decedent's death (i.
Its experienced, professional administrators oversee assets in excess of $400 million for corporate, foundation, endowment, probate estate
, and personal trust clients.
A resident of Palo Alto, Helms is a member of various local bar associations and the State Bar's Probate Estate
Planning and Trust Law Section.
This article provides a recommended legal course of action to be followed in administering a probate estate
which has an inter-vivos revocable trust as a beneficiary.
If there is no probate estate
(and, hence, no executor or administrator), the election may still be made.
Be aware that when the Medicaid recipient dies, AHCA can still file a claim in the probate estate
for reimbursement for benefits paid unrelated to the incident under the Medicaid Estate Recovery Act.
2040(a) or (b), since under slate law, the disclaimed property would become part of the decedent's probate estate
The ruling based its conclusion on the rationale that the dower portion never came into the hands of the executor and passed outside the probate estate
, as in the case of real property the title to which vests pursuant to local law in the decedent's heirs or devisees.