Will I be taxed on an inheritance from my aunt after she dies? 16 Answers as of December 12, 2011

My aunt wants to give me part of my inheritance before she dies. She is talking in the neighborhood of $50K. Will I be taxed on this?

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Law Office of William L Spern | William Spern
You will not be taxed. However, a gift of more than $13,000.00 per year will reduce your aunt's life-time exemption by $37,000.00.
Answer Applies to: Michigan
Replied: 12/12/2011
Steven J. Fromm
Steven J. Fromm | Steven J. Fromm & Associates, P.C.
Gifts and inheritances are not taxable income to the recipient under Section 102 of the Internal Revenue Code. Either way they are not taxable to you. However, if she lives for one year from the date of the gift, there is no PA inheritance tax on the gift. If you receive the gift at her death there is a 4.5% PA Inheritance tax that must be paid. It is usually paid by the estate and not by the recipient of the gift.
Answer Applies to: Pennsylvania
Replied: 12/6/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Under federal law, almost always no (although she may have to file an informational IRS return). Under some state laws, yes, and under some state laws, no. See a CPA or lawyer in advance.
Answer Applies to: Georgia
Replied: 12/6/2011
Anthony Saunders Esq., PLLC | Anthony M. Saunders
Utah abolished its inheritance tax around 2005. However, there are still federal estate taxes that you should be aware of. It is possible to minimize your tax rate by doing a gift before her death. Because of the implications in determining any tax liability, it is important to speak to a competent legal tax professional. You should contact a tax attorney to discuss further the various tax rates as they are complicated without a full understanding.
Answer Applies to: Utah
Replied: 12/6/2011
THE BROOME LAW FIRM, LLC
THE BROOME LAW FIRM, LLC | Barry D. Broome
There is no tax to the receiver of an award from an estate.
Answer Applies to: Georgia
Replied: 12/6/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
No, but she potentially could be.
Answer Applies to: Oregon
Replied: 12/6/2011
Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
You will not be taxed on it. Your aunt will have to file a Gift Tax Return and only if her estate if over $5,000,000 will she owe any estate or gift tax. Gift and Estate tax is paid by the person giving away the money.
Answer Applies to: Alabama
Replied: 12/6/2011
THE HUBBARD LAW FIRM, P.C.
THE HUBBARD LAW FIRM, P.C. | Donald B. Lawrence, Jr.
If your aunt gives you cash, you will not be taxed. If she gives you appreciated property which you sell for more than what she paid for it, you will be taxed on the difference as either a short term or long term capital gain depending on how long it is owned before you sell it. If your aunt gives you $50,000.00, she probably will incur a gift tax obligation. She can make the first $13,000.00 portion of the gift as exempt (and up to $26,000 if a spouse joins in the gift with her) and can use a lifetime exemption to cover the rest of the $50,000.00. In addition, if she makes such gifts in two parts, one in 2011 and the other just after the first of the year, she can use the annual exclusion for both.
Answer Applies to: Michigan
Replied: 12/6/2011
Harville-Stein Law Offices, LLC
Harville-Stein Law Offices, LLC | Dean D. Stein
If she gives it to you before she dies, it is not inheritance, it is a gift. She will need to file a gift tax return and depending on the total prior gifts she made, she may owe gift tax.
Answer Applies to: Alabama
Replied: 12/6/2011
Wiegandt& Doubles
Wiegandt& Doubles | Malcolm Doubles
Generally, there are no taxes imposed on inheritances such as you have described.
Answer Applies to: Virginia
Replied: 12/6/2011
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    I am assuming that you are in Oregon and that Oregon law applies. The good news is that Oregon has no gift tax so a gift during life avoids the Oregon Inheritance Tax. There is a federal gift tax but as of right now there is a $5 million exemption so unless your aunt has used up her exemption, it will be gift tax exempt. She will need to file a US Gift Tax Return for the gift to report it to the IRS.
    Answer Applies to: Oregon
    Replied: 12/6/2011
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    It will not be taxable income to you unless it is a retirement plan or other income in respect of a decedent.
    Answer Applies to: Oregon
    Replied: 12/6/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    A gift is not taxable to the recipient. However, for a gift that size your aunt would need to file a 709 gift tax return. Assuming she has not exhausted her exemption, no tax will be due at this time. She should address that with her tax preparer.
    Answer Applies to: Nevada
    Replied: 12/6/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If your aunt gives you an asset while she is alive, gift tax might apply but not estate tax. If there is a gift tax consequence it is her tax, not yours. The federal government has both a gift tax and an estate tax. Individual states can also have estate/gift and sometimes inheritance taxes. You need to speak with an attorney or accountant in your state to determine whether there may be a consequence for either you or your aunt at the state level. Any potential for a gift tax consequence to your aunt for this gift might well depend upon the total of gifts she has made in the past, not just to you but to others as well.
    Answer Applies to: Minnesota
    Replied: 12/6/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Any gift in excess of $13,000 per year is subject to gift tax reporting.
    Answer Applies to: California
    Replied: 12/6/2011
    Marco Sanchez Attorney at Law | Marco Sanchez
    No, You do not receive the tax obligation should there be one, it is the estate that would pay tax should there ever be a tax obligation.
    Answer Applies to: Texas
    Replied: 12/6/2011
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