Legal Question in Tax Law in California
Taxes on 2.5 to $3 million estate
My uncle's estate is worth approx 2.5 to $3 million, with $1.6 million of that total coming from annuities and the remaining balance being his trust. He recently passed away and had several beneficiaries to these annuities. My question is, are the annuities considered part of the estate? If so, who is responsible for the estate taxes, the trust or a combination of the trust and all of the beneficiaries?
2 Answers from Attorneys
Re: Taxes on 2.5 to $3 million estate
this depends upon the language of the will and trust, among other factors. in the absence of specific provisions, estate taxes are apportioned:
SEE:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=20001-21000&file=20100-20101
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=20001-21000&file=20110-20117
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=20001-21000&file=20120-20125
you need the assistance of a qualified and experienced attorney to handle this estate properly.
Re: Taxes on 2.5 to $3 million estate
Your facts are not very clear. Essentially everything depends upon the language of the trust and\ will. You need legal counsel. In general, the
beneficiaries are responsible for payment of estate taxes, but it is apportioned among them based upon the share each receives. Call if any questions, etc.