January 24, 20232 yr My father passed away and left a little money to me and my two siblings. It should work out to be a bout $45k each. My sister is the only listed beneficiary, so the funds will flow to her then to me and my brother by checks written from her to us. We are listed in the will as equal thirds in the will. The $135k comes from 3 sources: $100k life insurance, $50k in an unsual real estate deal, and $15k in cash; minus $15k in funeral expenses. I'm pretty sure my sister isn't going to a have an income tax exposure, but I'm concerned my brother and I will be subject to income tax on the $45k each. Is there anything we can do to shield the inheritance from taxes? Am I overthinking this?
January 24, 20232 yr You need to file a final tax return and an estate tax return, which would show that the amounts coming to you ar by reason of death, which will make them tax free.
January 24, 20232 yr You need to get your facts straight. At first you say your sister is the only beneficiary, then you say the will list each of you with a third. It makes a difference. The life insurance is completely different than the will. It will have a named beneficiary completely outside of any will. Edited January 24, 20232 yr by NeverMarryAStripper
January 24, 20232 yr Author Thanks. This is all way out of my knowledge base. My sister is listed as the only beneficiary on the life insurance. The will says we split everything three ways. @TwiceHorn, is it really that simple. Next year, I just say it was due to death and it's all tax free? I realize that this is not a lot of money, so I wouldn't be suprised if that's the case. You stated two different tax returns. Do I need a CPA? Or is this pretty easy on turbotax?
January 24, 20232 yr 2 hours ago, Elvis said: Thanks. This is all way out of my knowledge base. My sister is listed as the only beneficiary on the life insurance. The will says we split everything three ways. @TwiceHorn, is it really that simple. Next year, I just say it was due to death and it's all tax free? I realize that this is not a lot of money, so I wouldn't be suprised if that's the case. You stated two different tax returns. Do I need a CPA? Or is this pretty easy on turbotax? Well NMAS is right, the life insurance passes outside of the will, entirely. The other things would pass according to the will in an informal, non-probate distribution. All transfers on death occur tax free, whether by will or POD/Beneficiary designation. It may be that the insurance secondary, voluntary distribution turns out to be a gift. It will still be tax free to you, but may reduce sisters' lifetime gift exemption. The final tax return accounts for any of your father's taxable income in the last tax year of his life. The estate tax return is generally what establishes where the estate went and whether it was taxable and why it was not. It also is the document that establishes stepped-up basis for assets. I wouldn't try an estate tax return on your own. Edited January 24, 20232 yr by TwiceHorn
January 25, 20232 yr Does sis get the full insurance payout, and then the remainder is split in thirds?
January 25, 20232 yr You don’t need an inheritance tax return. The life insurance goes to the sister the other is split based on the will technically, but most people would ignore it. There is no income tax impact to any of you based on the facts presented. You do have a gift tax issue technically between your sister and you two for the split of the insurance she signs over. 99% of people would ignore it and claim it was split according to the estate, technically she needs to file a gift tax return.
January 25, 20232 yr 33 minutes ago, Brew said: You don’t need an inheritance tax return. The life insurance goes to the sister the other is split based on the will technically, but most people would ignore it. There is no income tax impact to any of you based on the facts presented. You do have a gift tax issue technically between your sister and you two for the split of the insurance she signs over. 99% of people would ignore it and claim it was split according to the estate, technically she needs to file a gift tax return. I have done two estates (parents) substantially under the estate tax exemption, so no real worries about that. Stepped up basis in some assets (real estate) was an issue, though. Estate tax returns were done, as they were in friends' relatives probates, all substantially under the estate tax exemption. Is there some kind of de minimis exception for estate tax returns?
January 25, 20232 yr 37 minutes ago, TwiceHorn said: I have done two estates (parents) substantially under the estate tax exemption, so no real worries about that. Stepped up basis in some assets (real estate) was an issue, though. Estate tax returns were done, as they were in friends' relatives probates, all substantially under the estate tax exemption. Is there some kind of de minimis exception for estate tax returns? We rarely file estate tax returns unless there is a taxable estate, one is required in a probate situation, or it is borderline taxable based on arguable valuation amounts. There is no requirement to file by the IRS unless taxable. However, you still need determinations of value to set inherited value without the estate tax return.
January 25, 20232 yr Does anybody know if I have to have Waiver of Notice notarized or can I just sign the document.
January 25, 20232 yr 1 hour ago, Brew said: We rarely file estate tax returns unless there is a taxable estate, one is required in a probate situation, or it is borderline taxable based on arguable valuation amounts. There is no requirement to file by the IRS unless taxable. However, you still need determinations of value to set inherited value without the estate tax return. I don't think Texas requires one, but it does require an Inventory and Appraisement in probate that contains most of the information in an estate tax return, so we filed it to have the basis values of record rather than having to submit the Inventory to the IRS on sale. That seems to be fairly common practice around here.
January 25, 20232 yr Be nice to your sister. The life insurance proceeds are hers as the sole beneficiary - the will has nothing to do with it. It is her decision if she wants to split the life insurance proceeds with you and your brother.
January 25, 20232 yr Author My sister is cutting checks to me and my brother for $3500 tomorrow to clean out most of the cash. Any reason not to take the check? Thread advise sounds like I'm good.
January 30, 20232 yr Sounds like you're going to be fine. If it was some big stakes money then my advice would be to bribe your congress critter.
January 30, 20232 yr My dad’s life insurance beneficiary was “the estate of,” which is why we had to probate. But his stocks were paid to my stepmother who had UBS split the proceeds into 2 additional accounts that were then assigned to my sister and me. She will have to account for the gift, right, even though it was done er dads wishes?His will was very specific, and my stepmom and I were co-executors so it went really smoothly.
January 31, 20232 yr Generally speaking, assets transfer from the deceased to beneficiaries tax-free as noted above. The thing I tell people to watch out for are things like IRAs or 401ks that have not yet been taxed. Those will be taxable to the recipient. They usually have designated beneficiaries similar to life insurance and pass to the beneficiaries outside the authority of a will. From your description, it sounds like you are good.
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