Legal Question in Wills and Trusts in New York
Estate taxes for heirs
I was an heir to my fathers estate in 2000. I signed off for my older brother to be administrator of the estate. He collected a percentage which amounted to $6,000 for the service. In Jan. 2003 the IRS contacted him about unpaid taxes and subsequent penalties on the estate. He contacted me and told me I have to amend my 2000 income taxes and pay taxes on what I recieved. As administrator, wasn't it his responsibility to pay the taxes before distributing the net proceeds of the estate? Do I have to amend my 2000 income tax?
1 Answer from Attorneys
Re: Estate taxes for heirs
Yes and yes. However, you are not paying taxes on what you received, rather, your share of the income and estate taxes, if any, due on the income from your father's estate.
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