Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

A deceased person's taxable IRA in included in her revocable…

Customer Question
A deceased person's taxable...

A deceased person's taxable IRA in included in her revocable living trust.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Can the tax be paid by the beneficiaries or is it paid by the trust? The tax on the 1040 returns of the beneficiaries would be less. The entire principal will be distributed within a year of death. State of Missouri

Lawyer's Assistant: What documents or supporting evidence do you have?

The trust document. I am the trustee. The trust contains a paragraph which reads: Power of trustee includes the power and discretion to "perform other similar and dissimilar acts which the Trustee deems to be for the benefit of Grantor's estate, the trust estate established under this instrument, or the various beneficiaries thereof, whether or not such acts be hereinabove specifically set forth." Do I have the right to pass tax to beneficiaries on their 1040's?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. This is really the only issue.

Submitted: 4 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 minute by:
3/18/2018
Estate Lawyer: RayAnswers, Attorney replied 4 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,235
Experience: Texas lawyer for 30 years in Estate law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 4 months ago

You could have this pass to them and they pay the taxes here.You would want to do this as soon as you can so they are able to do tax planning and possibly lower their taxes.

I appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Estate Law Question
Customer reply replied 4 months ago
Can you refer me to a particular website or IRS publication which I can use to support your position? I need to be able to defend my decision. Thanks.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,235
48,235 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,841 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

48,235 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,133 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,514 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,209 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
How much is an irrevocable trust? can I still have prop. 13,
how much is an irrevocable trust? can I still have prop. 13 … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,235 satisfied customers
I lost my copy of my living trust taken out around 1997, in
I lost my copy of my living trust taken out around 1997, in the name of my corporation, when I lived in Huntington Beach, CA. I want to re-do it now that I am retired, so my daughter can avoid probate… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,235 satisfied customers
I need to prepare a will and a living trust...live in State.
I need to prepare a will and a living trust...live in Washington State. My situation is very simple...just a spouse and no children. We have a home, I have an IRA and my husband is the beneficiary and… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,235 satisfied customers
Had a revocable living trust with decedent's and marital
Mary and James had a revocable living trust with decedent's and marital share provisions. Mary died. James wants to transfer assets to the decedent's trust and the marital trust in accordance with the… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,235 satisfied customers
Can a Special Needs Trust Trustee change beneficiaries and
Can a Special Needs Trust Trustee change beneficiaries and the secondary beneficiaries of a Special Needs Trust by decanting it? In this case, the disabled primary beneficiary lives in CA, the Trustee… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,235 satisfied customers
I am in a situation that I thought was dead and buried. In
My name is***** am in a situation that I thought was dead and buried. In May of 1994 my grandmother was diagnosed with ALS. She set up a trust for all her assets. The heirs were my one aunt and my one… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,235 satisfied customers
I have another questions that has to do with my obligations
I have another questions that has to do with my obligations as Trustee. The only reason I am acting as Trustee is because we have royalty payments each year that are ongoing. My deceased brother's wif… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,235 satisfied customers
What California law governs a beneficiary when requesting
What California law governs a beneficiary when requesting copy of the "trust" from the trustee… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,235 satisfied customers
I'm the sole beneficiary .my trustee has been mia a
I'm the sole beneficiary .my trustee has been mia for over a year. The grantor is now passed. I have his pourover will which was written up in California (he was a resident of California). But at the … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,235 satisfied customers
my father just passed after dementia 90yrs old...he had a trust
my father just passed after dementia 90yrs old...he had a trust set up..my sister cared for him . my question is is there a trust reading like when a will is read?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,235 satisfied customers
one parent past and the trust was split into survivor and subtrust.
one parent past and the trust was split into survivor and subtrust. I am co-trust on the sub-trust. It is causing major family turmoil and i have been thinking about resigning as co-trust of the sub-t… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,235 satisfied customers
being a beneficiary to a trust...how long until i recieve a
being a beneficiary to a trust...how long until i recieve a liabilities and assets and disbursment account ...or do i need to request one...?? i recieved some of it back in dec. and the rest at the en… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,075 satisfied customers
How can I have A Trustee of a Trust removed for not selling
How can I have A Trustee of a Trust removed for not selling property in a reasonable time frame and not distributing equal percentages to all sons in the Family Trust as required by the the FamilyTrus… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,235 satisfied customers
In regards XXXXX XXXXX Intentionally Defective Grantor Trust (IDGT)
In regards XXXXX XXXXX Intentionally Defective Grantor Trust (IDGT) Will the power of an independent trustee to distribute to the grantor income for health education and welfare—but not principal, cau… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
If the trust instrument specifically instructs the trustee
If the trust instrument specifically instructs the trustee to administer and hold a spcific beneficiary in a seperate trust that is revocable upon certain conditions and left up to the discretion of t… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I just wanted to ask if ur still willing to draft the will.
I just wanted to ask if ur still willing to draft the will. i saw other experts looking at my question and was wondering if ur still interested in helping me… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
What is an executor of a trusts role How does it differ
What is an executor of a trust's role? How does it differ from a power of an attorney? I have sole power of attorney - Do I have the right to put my mother's home up for sale in order to pay for her c… read more
VanDLaw
VanDLaw
Juris Doctor
4 satisfied customers
if my assests are in my revocable living trust, will they ...
if my assests are in my revocable living trust, will they aboid probate and taxes, including rental houses that are owned by my turst… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x