Legal Question in Wills and Trusts in New Jersey
Inheritance & back taxes
We owe back taxes to New York state. We live in New Jersey. Our father lives in NY and is preparing a will. Can these back taxes delay or take away from our inheritance as beneficiaries? Is it better to have him list my children as beneficiaries and bypass me to avoid this problem?
1 Answer from Attorneys
Re: Inheritance & back taxes
While I do not condone the avoidance of paying your back taxes, my suggestion is that your father create a trust, by-passing you and naming your children as ultimate beneficiaries. It could include the potential for discretionary use of the funds for you during your lifetime, and also include no final distribution to your children until you have died. This way, while the trust assets are protected from your creditors reaching them, should you face some emergency (like a medical problem) the funds could be used, or, if your tax problem is cured, you could come back as a contingent beneficiary. If you or your father needs assistance is the preparation of the document, contact me directly.