Legal Question in Wills and Trusts in New Hampshire

Lawyer expense's

Can you deduct Lawyers charges

from Federal Income Tax for

Estate of Probate.


Asked on 3/21/07, 10:14 am

2 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: Lawyer expense's

This is typically a question for the CPA preparing a fiduciary (e.g., "estate") income tax return. Frequently, attorney's fees incurred in the administration of the estate are proper deductions, but there are some situations and circumstances which would alter this answer. It also depends upon what the charges were incurred for, who the lawyer was representing (executor, or a beneficiary of the estate), etcetera.

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Answered on 3/26/07, 10:06 pm
Bruce L. Dorner Dorner Law Office

Re: Lawyer expense's

I hate to say it, but this is an "it depends" type of question. The general rule is that if the expense is related to reasonable and necessary business expenses or is for the purpose of protecting an investment, that portion of legal fees related thereto may be deductible. You should inquire of the attorney and, if appropriate, ask for a bill showing what portion, if any, is deductible. As always, be sure to check with your accountant or tax professional. Your personal situation may change the answer.

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Answered on 3/28/07, 12:14 pm


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