Legal Question in Wills and Trusts in Arizona
My grandfather just passed away. My mother is the executor of the estate. He wanted to split the money between his 5 children. Trying to make things easy he named my mother as beneficiary on his accounts but this make her pay the income taxes on their portions as well. What can we do?
1 Answer from Attorneys
If all of your grandfather's accounts were to be paid to your mother upon his death, then all of the money in those accounts belongs to her. No probate is required, the accounts pass to her by operation of law. She does not pay income tax on those accounts, income earned on those accounts up to the date of death, is the obligation of your grandfather's estate. If there are no other assets of the estate, there is probably no reason to go any further. The question now is whether your mother will carry out his wishes as you stated them.
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