Legal Question in Wills and Trusts in Florida
My father owns multiple properties which he will likely not sell before he passes. If his estate is put into a trust, does this mean that the "inheritance tax" will not affect his properties if we decide to sell the properties after his passing?
2 Answers from Attorneys
The estate tax would affect his properties if the value of his gross estate (everything he owns or partially owns) exceeds the estate tax exemption, which changes year to year. Depending on how the trust is set up, estate taxes could be reduced or avoided so that the inheritance taxes do not affect the properties.
In the case of real estate, a trust also helps when it comes to maintaining the properties for multiple beneficiaries. Among many issues, he has to consider who will pay the property taxes, insurance, and general upkeep for the property and how they will pay those expenses.
Florida and Federally there is no "inheritance tax." There is a Federal Estate Tax, but it doesn't kick in until you exceed $5,000,000 for the next 2 years. After that I don't know because Congress hasn't addressed it.
As to Federal Estate Tax, putting his assets into a Revocable Living Trust doesn't have any effect. However, the better answer would be for him to consult with an Estate Planning Attorney to determine what issues there are, and how to avoid them.
Related Questions & Answers
-
Does power of attorney override a quit claim deed? Asked 1/04/11, 3:29 pm in United States Florida Probate, Trusts, Wills & Estates