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My uncle died recently and his estate (houses 2, car, investments,

 
John Elder's Avatar
  • Answered by:John Elder
  • Estate & Elder Law
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Customer Question

My uncle died recently and his estate (houses 2, car, investments, etc) is probably going to be valued at approximately $500,000.00.
His wife predeseased him and he has no children His will leaves a sister-in-law and many nieces and nephews an equal share at 8%.

Will there be any federal or state tax due on his estate before his beneficiaries are given their protion?

 

Optional Information:
State/Country relating to question: New Jersey

Already Tried:
I have established an estate account in his name and I am trying to get all assets in this account.

Submitted: 294 days and 6 hours ago.
Category: Estate Law
Value: $38
Status: CLOSED
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Expert:  John Elder replied 294 days and 6 hours ago.

Welcome! Thank you for your question.

 

Federal estate tax, no. The exemption for estate tax is 5.125 million this year.

 

New Jersey is a different story. New Jersey has two different possible taxes:

 

  1. An inheritance tax that will have to be paid by the heirs since they are not children or parents. More remote family members and friends are taxed at rates ranging from 11% to 16%.
  2. There is an additional death tax in New Jersey that is over and above the inheritance tax. The New Jersey estate tax has changed so that now estates are taxed on assets over $675,000. It sounds like your uncle's estate is below that number but you should be aware of that tax if it does fall over as the New Jersey Estate Tax ranges from 0% to 16% in addition to the inheritance tax.

There will be a state and federal income tax return due for the year of death and tax will have to be paid on income that the deceased uncle and the estate received during 2012.

 

 

I cannot provide you with specific legal advise. I can provide you with general information about the law related to your question. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.

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Customer replied 294 days and 6 hours ago.

What determines the rate a niece or nephew is charged?

Accepted Answer

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Expert:  John Elder replied 294 days and 5 hours ago.

Sorry for the delay in getting back to you. I was called away with a client for little bit.

For nieces and nephews it is a progressive rate with the first $500 exempt.

Here is how the rate works:

  • If less than $500, no tax. If $500 or more, no exemption.
  • Up to $700,000, 15% tax.
  • Over $700,000, 16% tax on amount over $700,000.

Expert TypeEstate & Elder Law
Category: Estate Law
Pos. Feedback: 98.6 %
Accepts: 1434
Answered: 6/28/2012

Experience: Over 14 years experience in Medicaid, Estates, Trust.

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