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Ask The Taxgirl: Wills & Taxes

Kelly Phillips ErbJanuary 15, 2009May 19, 2020

Taxpayer asks:


I’ve been trying to get my parents to make a Will. I’m now there only living child. My parents have told me everything goes to me. They have been told by a friend that if they make a Will & leave me everything including there house that when they die I will have to pay taxes from the date they signed there Will. Is that correct?

Taxgirl says:

Nope, not even close.

An estate is taxed as of the date of death, not as of the date of signing a Will.

The lack of a Will does not result in a lesser tax burden. Similarly, any scheme to avoid probate (such as simply funding a revocable trust) does not relieve the estate of a tax burden. In fact, without any planning, your parents’ estate will likely be subject to estate and/or inheritance taxes depending on your state of residence and the size of their assets. A good estate planning attorney will be able to create a strategy to help save on taxes and not the other way around.

And last word? Irrespective of taxes, absolutely everyone should have a Will. It doesn’t matter how much or how little you own. Really.

Before you go: be sure to read my disclaimer. Remember, I’m a lawyer and we love disclaimers.
If you have a question, here’s how to Ask The Taxgirl.

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Kelly Phillips Erb
Kelly Phillips Erb is a tax attorney, tax writer, and podcaster.
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federal-estate-tax, inheritance tax, probate, wills

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2 thoughts on “Ask The Taxgirl: Wills & Taxes”

  1. Brad says:
    January 15, 2009 at 8:51 am

    Kelly’s advice is absolutely correct. I practice in this area and all too often encounter people with huge misconceptions about estate taxes and probate.

    One huge caveat, if a combined estate (husband and wife) is in excess of $3.5 million (including life insurance, house, and retirement plans, etc.) it is critical that you speak with an attorney that has estate tax expertise, not just someone who can draft a will.

    Reply
  2. Maddy says:
    January 15, 2009 at 2:55 pm

    I second Kelly’s post and Brad’s comment – in my experience – it’s (almost) always the clients who think their estate plans are “simple” that end up being the most complicated.

    Find an estates attorney that you feel comfortable with – and don’t rely on what the “friends” “neighbors” or “radio announcers” have to say.

    Reply

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