Legal Question in Wills and Trusts in Arizona

Re: Inheritance and Gifting

I will presume that the estate is less than $2million, since it is being given away. There would therefore be no death tax on the estate itself. The gift tax issue has been raised, but is likely not a problem.

A full review of this case needs to be done with more facts. We offer free, no obligation consultations for that purpose, and could assist in the finalization of the estate. Call 480.835.1500.

Best regards,

James D. Jenkins

Re: Inheritance and Gifting

If it is still within 9 months of date of death, there may be a possibility of the cousing signing a qualified disclaimer. But the property would pass as if the cousin had died prior to the stepmother.

You or the cousin should consult knowledgeable legal counsel ASAP to assist you. This is not something you would be able to accomplish without knowledgeable legal counsel.

Good Luck!

Pat Crotty

Re: Inheritance and Gifting

The answer depends on how much money is at stake. If it's less than $12,000 for each person, then Cousin can just give the money without any tax consequences. If it's more than that, you should really have an estate planning attorney in the state where the steptmother died take a look at the will.