Legal Question in Wills and Trusts in California

Elderly friend died, left two CD's to church organization...we will cash them out and forward money to church. Money left in bank was in her name and ours...

What taxes do we have to pay? Other than the above there is NO other estate, no children or family.


Asked on 4/27/10, 7:53 am

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

There is a federal exclusion in the millon dollar range that easily covers all of the assets, wtilh tax only payable on interest earned after the date of death.

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Answered on 5/02/10, 9:04 am
John D. Williams Law Offices of John D. Williams

None. 2010 there is no estate taxes. Last year the exemption amount was $3,500,000.

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Answered on 5/02/10, 1:06 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Federal and state income taxes may be owed for 2010, as well as 2009 if those were not filed before she died. Since your friend died in 2010 there is potentially no estate tax, unless, as is expected, Congress retroactively enacts one for this year. If that is done, there is no clear indication of what the "exemption" amount will be. Depending on what the total assets were, the executor/trustee may want to reserve some amount for potential tax obligations.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 5/03/10, 9:28 am


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