• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Tax Libaility if estate is divided other than stated in the will

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

P

pkny

Guest
The situation: there are 4 nephews as heirs in an estate consisting of a $200,000 house and $300,000 in cash. We are all in agreement that 1 nephew can take the house without buying out the interest of the other 3. The other 3 nephews will each get $100,000 in cash.

The question: does the person who takes the house have to pay state tax on $200,000 or the 1/4 share he should have had?

we are in nj
 


ALawyer

Senior Member
It sounds as if 3 nephews are making a gift to the 4th of $25,000 each. It seems fair that IF there is any state inheritance or estate tax, the one getting the extra $75,000 in value should pay the tax on that extra value.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top