Legal Question in Wills and Trusts in New Jersey
My Brother-in-Law is class A Heir and as such has been informed that his inheritence should have no taxes. He recieved 1/2 of the estate. His Aunt, a class C Heir will be taxed 11%. Does the 11% come out of total estate or her half?
Asked on 8/16/10, 9:47 am
2 Answers from Attorneys
Jonathan Chester
The Law Office of Jonathan S. Chester, Esq., LLC
The answer depends on what the Will says about how the taxes are paid. Normally your brother would not pay any tax, but the Will may provide otherwise.
Answered on 8/23/10, 6:24 am
Walter LeVine
Walter D. LeVine, Esq.
I agree with Jon that the Will traditionally has language that states how death taxes are to be paid, either by the estate or from the beneficiary. Without seeing the Will, I cannot accurately answer your question. Most Wills say all death taxes come off the top, but this could be different.
Answered on 8/23/10, 11:44 am
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