Legal Question in Wills and Trusts in New Jersey
What type of expenses are deductible by the executor from the estate?
2 Answers from Attorneys
Decedent's debts and most reasonable expenses incurred in the administration of the estate are deductable....Typical expenses include: Probate fees, Funeral expenses, Legal fees, Accounting fees, Appraisal costs, Executor or Trustee commissions, expenses to maintain/preserve real estate prior ot sale, etc.. Real estate commissions may also be deductable depending on the language of the Will.
You may have a choice to deduct expenses on the estate or income tax return...
I agree with Jon. The choice of where some of these deductions should be taken, estate/inheritance return or estate income tax return, depends upon a variety of factors, such as tax rate comparison, size of estate and its income, how it may impact the heirs, etc. A good estate attorney or accountant should be able to make these comparisons and advise the Executor.