Legal Question in Wills and Trusts in California

inheritance money

My wife has a grand mother that just

past away and left some money to

her mother. Her mother is not real

sure what the rules are around this.

She had stated that she wanted to

give some of the money to my wife

and her brother but was not sure as

to how much or as to what the rules

are around that. taxes etc... Can

someone please provide us

information on where to get details

around this and the rules to read?

Does anyone happen to know what

the limits are for gifting money to

family members?


Asked on 12/20/07, 1:51 am

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: inheritance money

She can give $24,000 per year, $12,000 to each with no gift tax consequences at all. She can give twice that if she wants to give to the spouses as well. If she gives before the 31st of December, she can give the same amount on January 2.

If she gives more than that in 07 or 08, she uses up a portion of her estate and gift tax exemption amount, which after 2011 will be $1,000,000 So if she give $100,000 more, she will still have $900,000 she can give without any taxes. There is a move afoot in Congress to raise the #1,000,000 that may well pass, perhaps going as high as $5,000,000.

It doesn't matter who she makes a gift to, family members, friends, or strangers, except gifts to qualified charities don't count at all.

I suggest you get and read my book "How You Can Protect Your Loved Ones in the Event of Death or Disability (Without Paying a Legal Fees}" Not only does it explain virtually everything you need to know in plain English, but it contains in the Appendix a copy of the Legacy Living Trust Package. This is a complete trust package for the Middle Class including a Living trust for single or for married people, a durable general power of attorney, an advance healthcare directive, an Abstract of Trust, all necessary transfer documents and instructions. Having taught literally hundreds of seminars to thousand of regular middle class people, I have learned how to answer the most important questions in language understandable to all. Having learned over 30 years that most people that go to an attorney to pay $1200 or more for these documents don't understand the language in the unnecessarily complicated documents, don't understand what they are doing and why, and ofen make common but avoidable mistakes, I created the Legacy Living Trust Package.

You can order the book on-line at Amazon.com, but, it is better to order at www.IWant2CreateMyLegacy.com. If you order there, you will get a free special report entitled "The Seven (7) Most Common Mistakes Made by the Middle Class in Planning For the Inevitability of Death and the Likelihood of Disability, and How to Avoid Them." This report alone could save you and your family hundreds of times the cost of the book.

Again, the book is, to my knowledge, the only one written for regular people in the middle class, and it contains in an appendix the Legacy Living Trust Package, which to my knowledge is the only complete fill-in the blanks trust package written in simple English ("People Ease", not "Legalese") that will be valid in every State in the US.

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Answered on 12/20/07, 2:05 am
Donald Field Donald L. Field, Jr., Attorney at Law

Re: inheritance money

your wife should retain an attorney to advise regarding these questions in detail as they apply to her specfic situation and plans. i assume that the estate of her grandmother is already being handled by an attorney. if not, this may also be necessary.

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Answered on 12/21/07, 2:50 pm


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