Legal Question in Wills and Trusts in United States Virgin Islands

Estate accounting

The accounting of the estate at the time of death has what substantiation? What values the estate? If it is property; is it the assessed tax value, a paid assessment or value chosen by the administratrix. What about a buisness value or personal belongings?


Asked on 4/21/05, 4:48 pm

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Estate accounting

estate values are based on 'fair market value". For real estate that is not usually assessed vaule. A market anaysis and valuation by an appraiser is needed. Same for a business...normally an appraisal is done. For stocks/bonds, the value is the average price (mean high/low value) on the date of death. Personal property (furniture, artwork, etc.) is usually valued by an appraiser.

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Answered on 4/21/05, 4:54 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Estate accounting

I generally concur with Jon. In part, the answer depends upon who is inheriting, the potential for estate/inheritance taxes and other matters. Estates, for estate/inheritance tax purposes, have the opportunity to use date of death or an alternative value (the alternative value being made based upon post-death sales price or the value 6 months from the date of death, whichever is earlier). Considerations must be made of the tax rates involved. For example, an estate may have an estate tax rate of 30% or more. Long-term capital gain rates are only 15%. Thus, it might be wise to use the lower of date of death or alternative value amount if the estate/inheritance tax rate is greater than the capital gain rate. If you would like more information, contact me directly.

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Answered on 4/22/05, 11:15 am


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