QUESTION

Disclaim estate inheritance and taxes

Asked on Nov 06th, 2014 on Estate Litigation - Pennsylvania
More details to this question:
My dad didn't have a written will but he always let us know that he intended to leave everything to my mom. So everything from the estate was transfered to here. But now PA split the inheritance between her and me (son) and wants taxes on my part that i never got. What are our options. I found out that i have an option to "Disclaim estate" if i do that, will my part go to my mom (deceased 's spouse) and will she still be liable to pay taxes?
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1 ANSWER

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
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How and to whom your fathers assets passed at his death can be dictated by our laws of intestate succession, the manner in which the assets were titled or beneficiary forms for the assets.  I'm guessing that some or all of these impacted your father's estate.  I'd need to know more about the details of your father's assets in order to give you full advice on this question.  I can give you some general information though. Yes, you can disclaim assets transferred to you by your father via most of the means of transfer I mentioned above.  A written disclaimer should be filed/transmitted within 6 months of his death generally.  If your desire is that your mother receives everything, then a disclaimer may help with that AND it will have the effect of reducing the inheritance tax because there is no tax payable on transferred between spouses.  It may be unnecessary to use the disclaimer to achieve your desired outcome.  Your mother can pay the tax from the assets she received.  It doesn't matter who pays the tax, so long as the tax is paid.  If she is refusing, that's another story entirely. You can also transfer the assets outright to your mother without tax consequences provided they do not exceed a certain dollar value.   
Answered on Nov 12th, 2014 at 11:28 AM

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