Legal Question in Wills and Trusts in California

''attaching inheritance''

under the trust, I am due to inherit when parents pass on. there is existing tax lien on me. must i take title to the inheritance in order for it to be confiscated by the state? or can i transfer my right to inheritance to someone else after my parents pass on? Or must the trust remove or replace me in the trust?


Asked on 10/13/03, 8:15 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: ''attaching inheritance''

There are a number of considerations.

How much is the tax lien? Can you work an offer in compromise regarding the tax lien now. How much do you stand to inherit?

The tax lien will not go away. You really should address the problem with the lien. I work in both the tax arena and estate planning. In order to give good advice, I really need to know the full story.

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Answered on 10/14/03, 1:07 pm
Michael Olden Law Offices of Michael A. Olden

Re: ''attaching inheritance''

you decline and it will go to the next to inherit --- my advice without a great many more facts which i need to know to give good legal advice --- have your parents change the trust before they die or your tax lien situation gets worse but you really must tell them what's up so there attorney will be able to deal with it properly or you could screw it up even more -- i am in the sf bay area and if you want to consult with me 925-945-6000.

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Answered on 10/13/03, 8:24 pm


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