I don't think that's been decided yet. All parties needed to resolve outstanding issues with the IRS. Whichever Will is valid, the estate requires that. The Court can have the third party deal with that, while the case is being decided.
I don't know if that's what happened but the auction for settling with the IRS is not, itself, proof it's been decided.
That has not, as far as I know, been decided yet. It's why I asked.
And I very well know the nuance between trial and hearing and what probate court is. I used trial as short hand so everyone would understand. Using hearing doesn't change my question. Read earlier in this thread if you want to know why and where I am coming from.
Neither of us has really posted in this thread in a few years. Based on your last response, I wasn't even sure if you read the court case at all and you were just reading Alzarius' summaries of them, so I responded as such, with the best of my knowledge.
The "you have to remember" part wasn't aimed at your post. I'm speaking to folks in general.
The reason I think this has already been decided is because of the following statements made on 4/20/2023
Court appoints Atty Koch as the PR to submit the Inventory.
Court orders Gail Gygax not to sell or transfer any property.
Atty Koch is willing to continue as Personal Representative.
Atty Koch the power to sell property in order to prepare to file Inventory
I don't think that's been decided yet. All parties needed to resolve outstanding issues with the IRS. Whichever Will is valid, the estate requires that. The Court can have the third party deal with that, while the case is being decided.
I don't know if that's what happened but the auction for settling with the IRS is not, itself, proof it's been decided.
Nothing in any of the court cases indicate that this is meant to be a settlement with the IRS itself. Here's a summary of all the references to the IRS in the case.
5/19/2021
Discussion on IRS claiming there is income earned after the decedent passed.
9/02/2021
Atty Gorn has one more issue with the IRS that she wants to visit but doesn't want anything scheduled yet.
Atty Gorn states there is a limitation with speaking to the IRS and requests that the Personal Representative be able to speak to them for issues.
Atty Johnson asks that Atty Gorn share what information the IRS is reaching out about and file with the court any correspondence.
11/11/2021
Atty Koch states he has spoken to the IRS and requested documents and spoke counsel.
None of this indicates that the IRS is making a claim about back taxes. This could be the plaintiff trying to find out estate value by getting access to back tax records.
Also, if the IRS is owed back taxes, I believe they would file a claim against the estate, or the PR has to file a form with them. Some of that process is documented here, but if there the Gygax estate owed taxes, we would probably see an official claim against them, or something documented by the PR, in the court record, as documented here:
So, I don't think we can assume the auction is based on paying back taxes to the IRS. (I also have a feeling if the estate owed back taxes, they would not have waited 15 years, they would have directly dealt with it earlier--this could be about inheritance tax or some other complex matter).
The current auction could be about tax payment, but it might not be either. Maybe it's to pay legal fees, or maybe it is a distribution of the estate.
The problem is, everybody is making guesses. I'm not going to say might guesses are correct either, they are just based on the knowledge I have of how this probate process works.
Also, if people are curious about the process of Wisconsin Probate, this is a pretty good layman's guide to what the Personal Representative would be doing with an Estate.
I don't think that's been decided yet. All parties needed to resolve outstanding issues with the IRS. Whichever Will is valid, the estate requires that. The Court can have the third party deal with that, while the case is being decided.
I don't know if that's what happened but the auction for settling with the IRS is not, itself, proof it's been decided.
I got a message the basic was (I think it said something wrong about the listing), but it didn't say what that I could see And then I looked for the expert and it wasn't there.
