Legal Question in Wills and Trusts in Delaware
International Wills
My mothers cousin,who is domiciled in Rio De Janiero, had me on his will as his sole beneficiary of his estate. Last summer his mother died leaving him a portion of her estate. She was domiciled in Delaware. Three months later my mothers cousin died. I believe it was before his mothers will was actually probated.
My question is; Does his mothers estate get taxed and then does his estate get taxed again before it comes to me or does his portion of his mothers estate get transferred to Brazil and then taxed down there?
Is there any way I can save some of this money? Pretty confusing, don't you think?
Any information would be appreciated. Thank you.
1 Answer from Attorneys
Re: International Wills
They are separate estates for tax purposes. The one in Rio would be taxed there, and would include the inherited assets in the US.
The DE estate is subject to tax in both DE and the US, if of sufficient size and if subject to tax.
The estates usually pay any taxes and the beneficiairy receives the inheritance free of tax, unless the Will imposes the tax on the beneficiary.