Legal Question in Wills and Trusts in New Jersey
NJ IT-Estate Form
Hi,
I am in the process of accounting my mom's inventory to use for NJ IT-Estate form. I'm aware of listing her accounts,property etc. My mom had an account that she was the executrix for her sister's estate & the account was listed Estate of (Sister) My Mom Executrix & was still in that title when my mom passed away. My question: Is that account considered my mom's assets & is part of her estate or is it an account that doesn't get reported in the accounting. The NJ website mentions what is typical of what gets accounted but no mention of a person who passed away while still having an estate account for another person.
Thank you for any info.
3 Answers from Attorneys
Re: NJ IT-Estate Form
You do not say who are the beneficiaries of the sister's estate. There are 2 possible inclusions from the estate account that may need to be inluded in Mom's estate: (1) If Mom was a beneficiary, her share of the account must be included and (2) If Mom was to get a commission from the estate for being the Executor the commission needs to be included. Someone needs to complete the sister's estate (the successor executor named in her Will), or if there is none, possibly you. If you need more information or assistance contact me directly.
Re: NJ IT-Estate Form
The estate account where your mother was serving as executor, would normally NOT be included in your mother's taxable estate.
However, if she is the sole beneficiary of that estate, or is entitled to a % of that estate account, then that amount would be included in her taxable estate.
Re: NJ IT-Estate Form
Two issues are involved. (1) If Mom was a beneficiary, her share of the account must be included and (2) if she was entitled and would have taken a commission for her services, this also must be included. Additionally, someone must replace Mom in the sister's estate to complete the work. If a successor Executor has been named, he/she should qualify and take over. If there is no successor named, you may be able to do it. Contact me directly if you need more information or assistance.