Q: My father passed away with no assets. His home is in foreclosure. Do I need to probate will or file taxes on his behalf?
He owned a home that is in foreclosure and he owes approximately $2,500 in bills. He has no money in the bank and not assets. Do I need to file a tax return? He would likely get a small return but figured that would go to pay the bills anyway so wasn't sure if I had to file.
A:
No one is OBLIGATED to begin probate for anyone -- particularly when it makes no financial sense to do so, If the CREDITORS want to try to get at whatever assets they can then THEY will have authority to file probate, deal with the IRS etc.
If you have the original will however, state law probably requires you to turn that into the Probate Court in a brief amount of time even if you do not begin probate. I'd contact a local lawyer where your father resided to learn your specific duties if you have questions.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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