Legal Question in Wills and Trusts in Pennsylvania
inheritance tax
does a spouse have to pay inheritance tax if there is no will
2 Answers from Attorneys
Re: inheritance tax
PA inheritance tax is applied to the estate assets whether or not there is a will. The tax on those assets that go to the spouse and children are taxed at lower rates than assets that go to more distant relatives or non-relatives.
Re: inheritance tax
Only the estate of the deceased would ever be
liable for estate taxes. The husband could possibly
have to see to it that taxes are paid if the wife had
separately owned property. What happens most of the time is that
the wife and husband own all of their property
jointly, by the entireties, and the law says that both
own all the property. Therefore, when one dies the other
owns it all and there is no "estate" to probate, regardless
of the existance of a will. You should talk to
a local attorney if your wife had separate property in
either her own name or jointly with anyone else.