Legal Question in Wills and Trusts in New York

do i own inheritance tax in new york for an estate probated in another state? i am inheriting under $500,000 from an estate / trust in indiana and not sure whether i will be required to pay taxes on this in my home state of new york.


Asked on 7/30/10, 11:33 am

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Under the circumstances you describe, a New York State inheritance tax would be payable only if land or a business venture, includable in the estate, is located in New York. Otherwise no tax is payable.

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Answered on 8/04/10, 12:00 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Norman that inheritance taxes are only paid where assets are located (if they are hard assets like real estate or a business, not bank or brokerage accounts). The real question is whether I will receive the inheritance gross or net of inheritance taxes, wherever paid, which depends upon the language in the Will. Additionally, inheritance of some assets may have an income tax consequence, such as IRA or other retirement plan distributions.

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Answered on 8/06/10, 10:15 am


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