Legal Question in Wills and Trusts in California

Loosing Grandma

Grandma has a will, but is competant enough to know that she won't be with us long and is wanting to distribute her savings to family. Is there any problem doing this? She only has about $40k. Do we need to report anything to IRS?


Asked on 4/13/00, 10:19 pm

1 Answer from Attorneys

WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: Loosing Grandma

There are no income tax consequences as a result of a gift. There is a requirement for a gift tax return when a gift exceeds 10,000 per donee. In other words, if there are 4 gifts of 10,000 each thhere would not be any return requiement. Even if there was, there would be no tax because each individual in 2000-01 has a 675,000 exemption before any tax results, Assuming your grandmother hasn't used it up, there would be no tax consequences. If the assets were appreciated assets, those other than cash with a higher fair market value, it would probably not be wise to make a gift but hold on as there is an increase in basis at death.

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Answered on 4/24/00, 6:01 pm


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