Legal Question in Tax Law in New York

I HAVE BEEN ASKED TO DISCLAIM A HOUSE I INHERITED (i OWN HALF). to save inheritance tax when my children inherit from me.

Is this my best option


Asked on 12/13/11, 8:04 pm

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

You don't disclose enough of the fact to enable one to provide a meaningful recommendation. The concept of renunciation to save eventual estate taxes is worthy of consideration.

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Answered on 12/14/11, 7:29 am
Walter LeVine Walter D. LeVine, Esq.

I am presuming the owner of the other half has died and if you disclaim, your inheritance will go to your children, making them co-owners with you. Presuming you are the sole heir to it, this might be a good idea. As an alternative, you could accept it and then create a living trust and gift it to the trust, using lifetme gifting or annual gifting. I suggest you contact a good estate planning attorney to assist you.

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Answered on 12/14/11, 10:22 am


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