Legal Question in Wills and Trusts in California

Re: Estate taxes

This is usually taken care of during the probate process. The "executor" of the will is typically charged with paying taxes and other creditors. After that, the executor gets permission to make further distributions. Naturally, Uncle Sam is among the first to be paid via a tax return filed by the executor. Sometimes, the court will give permission for earlier distributions if the circumstances warrant it.

Rob Mansour, MansourLaw.com

Re: Estate taxes

this depends upon the language of the will related to the specific bequest.

Re: Estate taxes

Normally the estate pays the taxes. Make sure this is by Will and not Trust. If a Will was involved, your fiancee may have to wait until Probate is completed, it really depends on the terms of the Will; without it, we (meaning myself and the others wo have and will answer your question) are all just making educated guesses based on assumed facts. If you really want a certain answer, a review of the Will and/or other testamentary documents is necessary.

Please feel free to contact me at the number provided by LawGuru or on my firm's site at www.No-Probate.com

Scott Linden