My father gave me real estate last summer. He died in October. My attorney is telling me that I will have to pay inheritance tax on this property because the transaction was less than a year of his death.
2 Answers from Attorneys
Is there a reason why you distrust your lawyer? I would never comment on another lawyer's opinion, especially without my knowing all of the facts, circumstances and documents.
Please don't repost this question with more details.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
And? Your question is what? That you do not want to believe your attorney, who has looked at all of the information and documentation, in the hopes of you finding an online lawyer who can tell you what you want to hear?
Believe your lawyer.
72 P.S. § 9107 - Transfers subject to Inheritance tax
(a) The transfers enumerated in this section are subject to the tax imposed by section 2106.
* * *
(c) (1) All transfers of property specified in subclauses (3) through (7) which are made by a resident or a nonresident during his lifetime are subject to tax to the extent that they are made without valuable and adequate consideration in money or money's worth at the time of transfer.
* * *
(3) A transfer conforming to subclause (1) and made within one year of the death of the transferor is subject to tax only to the extent that the value at the time of the transfer or transfers in the aggregate to or for the benefit of the transferee exceeds three thousand dollars ($3,000) during any calendar year.
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