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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
Satisfied Customers: 577
Experience:  10 years experience
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Is a distribution from an estate to the wife support taxable

Customer Question

Is a distribution from an estate to the wife for spousal support taxable to beneficiary and claimed as an expense to the estate?
JA: The Accountant will know how to help. Please tell me more, so we can help you best.
Customer: I AM EXECUTOR OF MY FATHER'S ESTATE AND ACCORDING TO HIS WISHES, HE WANTED TO GIVE HIS WIFE AT THE TIME OF DEATH (NOT MY MOTHER) $40,000 FROM HIS ESTATE AS SPOUSAL SUPPORT. CAN THIS BE INCLUDED AS AN EXPENSE TO THE ESTATE WHICH WOULD BE TAXABLE TO HER? THE WIFE IS ALSO AN BENEFICIARY.
JA: Is there anything else the Accountant should be aware of?
Customer: NO
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Accountant about your situation and then connect you two.
Submitted: 6 months ago.
Category: Tax
Expert:  emc011075 replied 6 months ago.

Hi. My name is ***** ***** I will be happy to help you.

To be considered alimony or spousal support, the payment must meet certain requirements and one of them is that it has to be ordered by a judge as part of a divorce decree. Otherwise it is not deductible and she doesn't have to claim it as income to her. It it was just your father's wish it is treated just like other inheritance distribution.

Expert:  emc011075 replied 6 months ago.

I see you read my respond. Do you have any questions? Is there anything else I can help you with today?