Legal Question in Wills and Trusts in New York

Paid to be executor - include in income?

I am to receive $5000 to be the executor of my mothers estate. First, do I declare that as income and pay taxes on it? And what about her house that she is leaving me?

Thanks

M


Asked on 3/18/04, 2:04 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Paid to be executor - include in income?

Yes as to the first question. Executor's commissions are income, subject to federal, state and local income tax.

Generally, if you are the sole heir, or are inheriting the largest share of your mother's estate, you might be better off waiving the commissions, because money you inherit is not subject to income tax.

That also answers your question about the house. Speak to the attorney who is handling the estate about the commissions.

Feel free to call me with any additional questions. 914-478-2981

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Answered on 3/18/04, 3:16 pm


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