Legal Question in Wills and Trusts in Virginia

Dividing money between my brothers and me

Our mother recently passed away. I was joint on her checking and money market accounts, with full survivalship. According to the bank, this money is now mine. However, I know my mother wanted me to split this money with my brothers. How can I do this with no tax liability to them and to me?


Asked on 6/22/09, 12:34 pm

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

Re: Dividing money between my brothers and me

Good for you. The answer to you question may depend on the amount to be divided. You have the right to transfer to EACH of your brothers the amount of $12,000 EACH YEAR without having to pay any tax on the transfer; in fact, I believe you would not have to file a gift tax return if the amount is kept at or under $12,000 per brother per year.

I don't know how much is involved, or how many brothers there are, but $12,000 per year per brother can get rid of a lot of cash in short order.

Since these would be gifts to your brothers, they would not have to pay tax on the transfers.

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Answered on 6/22/09, 1:15 pm


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