Not only is that a rather... well I don't know what kind of story that is but your use of profanity really shows your maturity level. Not to mention you're rejoicing over the death of someone because you get free stuff. Probably not the best thing to be bragging about.
And no, I'm not rejoicing in his death. I never knew the guy. He died becuase he was a drug user and a chronic alchoholic. he was a smart man though, graduated columbia med school.
My thoughts and prayers are still with him.
It may not have been a will. A living trust would accomplish the same thing, and his gf might have been the trustee to that living trust. If such is the case, I don't believe a lawyer is needed.
It's the tax man he needs to deal with. Death creates a new taxpayer -- called the "estate." Irrespective of how the estate's assets are handled -- trust, intestate succession, etc -- a taxable event very well may have taken place and the gf in this story ignores that at her peril.
Except that most taxes on living trusts are paid at the time of the trust's creation.
That does not relieve the estate of the obligation to file a return. And, the executor also has an obligation to file a return for the decedant who, unless he paid his taxes early, owes irrespective of whether a trust was established.
That's what I'm trying to say; I think all taxes are paid ahead of time for living trusts.
One pays all taxes that would apply on the estate ahead of time, which means that not very much is left to do after the owner's death.
there is no inherent estate tax advantage to using a living trust.
there are no substantive income tax advantages in the use of a living trust.
And, lastly, as I said above, all of this is irrelevant to the real point: the estate still has to file the return, even if tax owed is zero (this is true on the federal level, most states have abolished estate taxes for small estates).
Anyway, we have gotten off topic here, so I'll just say to the OP: don't ignore the tax man. He gets cranky when you do.
Maui the lawyer who, uh, knows a bit about tax law