Legal Question in Wills and Trusts in Tennessee

If someone died in October 2009 is their estate subject to federal inheritance tax?


Asked on 4/28/10, 8:12 am

1 Answer from Attorneys

Caitlin Moon C2Law

Calculating the federal estate tax upon death requires many considerations and could be quite complicated, so you should seek guidance from a CPA or tax attorney to see what applies in your specific situation.

However, regarding an estate in which the decedent passed away in 2009, *generally* the first $3.5 million will pass free from federal inheritance or gift tax. The $3.5 million is a "unified" exemption or credit against the inheritance tax, and would also include the total value of any gifts made by the decedent during his/her lifetime.

If the decedent was a resident of the State of Tennessee, his/her estate may owe a tax amount. The exemption from inheritance tax in Tennessee is $1 million, so anything over this amount may be subject to state inheritance tax.

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Answered on 5/03/10, 8:23 am


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