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Answers to your estate planning questions so you can take care of your family and yourself. Answers to your estate planning questions so you can take care of your family and yourself. Answers to your estate planning questions so you can take care of your family and yourself.
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Probate

Home / Probate /
 Does the Step-Up in Basis Occur Upon Death or When Estate is Probated?
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By Harry Margolis
In Probate, Real Estate
Posted September 10, 2025

Does the Step-Up in Basis Occur Upon Death or When Estate is Probated?

Question: I sold my apartment last year. My mother’s name was on the property because she helped me with the down payment and credit rating 30 years ago. The question is, did I inherit her half [...]

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 Is it Worth Litigating a Probate Matter?
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By Harry Margolis
In Probate
Posted June 6, 2025

Is it Worth Litigating a Probate Matter?

Question: I would like to know is there any benefit to probate litigation? I believe that the executor of my mother’s estate failed to act in the best interest of the beneficiaries in a [...]

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By Harry Margolis
In Probate, Real Estate
Posted June 4, 2025

May Personal Representative of Estate Charge Commission on Sale of Home?

Question: Is an independent administrator entitled to a 5% commission fee on the sale of a home when there was a real estate commission fee of 6% paid during the administration of the estate. [...]

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 What Happens If One Beneficiary Refuses To Sign Release?
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By Harry Margolis
In Probate
Posted March 12, 2025

What Happens If One Beneficiary Refuses To Sign Release?

Question: I’m the personal representative of my uncle’s estate. I’ve taken care of just about everything that needs to be done and would like to distribute the estate, but one [...]

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 Can Heirs Avoid a “Step-Down” in Basis?
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By Harry Margolis
In Probate
Posted January 3, 2025

Can Heirs Avoid a “Step-Down” in Basis?

Question: My 100-year-old mother formed an irrevocable trust for Medicaid-planning purposes back in 1997. It has a brokerage account that holds a T bill and some stocks. The stocks have a fairly [...]

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 Are Capital Gains Taxed to the Estate or the Heirs?
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By Harry Margolis
In Probate
Posted December 16, 2024

Are Capital Gains Taxed to the Estate or the Heirs?

Question: My father died in 2022. I was named the personal representative of his estate and sold his stock in his investment account in 2024 before distributing the proceeds to all my siblings. [...]

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 What Rights Does Medicaid Estate Recovery Waiver Give Disabled Heir?
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By Harry Margolis
In Long-Term Care Planning, Probate, Real Estate, Special Needs Planning
Posted December 11, 2024

What Rights Does Medicaid Estate Recovery Waiver Give Disabled Heir?

Question: If a disabled adult child clause has prohibited the Medicaid estate recovery on her dad’s estate, can the probate attorney who advised the sale of the property then divide the proceeds [...]

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 Are There Capital Gains on Sale of Property in Revocable Trust After Grantor’s Death?
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By Harry Margolis
In Probate, Real Estate, Revocable Trusts
Posted November 27, 2024

Are There Capital Gains on Sale of Property in Revocable Trust After Grantor’s Death?

Question: Are There Capital Gains on Sale of Property in Revocable Trust After Grantor’s Death? My last surviving parent passed away in Massachusetts in December  2022. He held two [...]

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 What’s the Next Step in Probate Administration After Liquidating Stock Holding?
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By Harry Margolis
In Probate
Posted November 6, 2024

What’s the Next Step in Probate Administration After Liquidating Stock Holding?

Question: My deceased brother had $100,000 in UPS stock. As the administrator of his estate, I liquidated the stock and placed the proceeds in an account for distribution to the heirs. What would [...]

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 Does Unclaimed Property Division Have Right to Sell Stock?
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By Harry Margolis
In Probate
Posted September 18, 2024

Does Unclaimed Property Division Have Right to Sell Stock?

Question: My father died intestate many years ago, leaving a number of TXI stocks to his heirs: my mother, who has since also passed away, and six children. TXI split  several times  before [...]

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Wondering if a trust makes sense for you?

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Wondering if a trust makes sense for you?

This comprehensive guide provides all you need to know (in plain English).

Harry Margolis book: The Baby Boomers Guide to Estate Planning

Get the Book
(An Amazon Prime Reading selection)

Read Sample Chapters