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About two years ago I received a call from a Pennsylvania Tax…

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About two years ago I...
About two years ago I received a call from a Pennsylvania Tax person telling me I owed 12 percent inheritance tax on money I received from my sister's estate. Because I live in California, I knew nothing of this law and had already returned home, made out an income tax return based on the money I received and assumed I was okay. I explained to the man who called what I had done and had the impression that he would call me again to let me know where I stood. Then I heard nothing until a couple of months ago when I received a flyer in the mail telling me I could take advantage of an amnesty offer.

In the meantime, I had called a Philadelphia lawyer who suggested I wait until I was contacted again. So I did. Then when I got the flyer, I called him again and have not had a response to several phone calls and a letter I sent, with the flyer enclosed. I'm not sure even who to call in PA about this situation.

I am an 85-year-old woman, living on my social security money and using the money from my sister's estate to help me. What is my next move, and what are the chances that I can make payments on whatever money I owe? Also, will the income tax return be enough evidence of the money I received. I don't know any other way to prove how much it was.
Submitted: 8 years ago.Category: Legal
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6/18/2010
Lawyer: Andrea, Esq., Attorney replied 8 years ago
Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12,554
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Thank you for your question

 

II am an attorney licensed to practice in Pennsylovania and New Yorki and I will be glad to help with your question. I do not know who contacted you about paying an inheritance tax, but whoever it was, misinformed you or was trying to get money out of you. Do not send any money to anyone. And, by the way, the only agency involved in taxes, including inheritance taxes, is the Pennsylvania Department of Revenue - not an individual, not the Orphans' Court which probates wills, not anyone else - And the Pennsylvania Department of Revenue would not be contacting the beneficiaries, it would be contacting the attorney for the estate.

 

In Pennsylvania if an inheritance tax is due on an estate, it is due and payable by the estate and not the beneficiaries, ever! I am surprised that the Pennsylvania attorney you contacted did not give you this information. Therefore, I would suggest that you not contact this individual and if he contacts you again, be sure to get his name and telephone number and report him to the California Attorney General and the Pennsylvania Attorney General because they are attempting to perpetrate a fraud on you.

 

In fact, unless California law required it, inheritances are not required to be included as "income" for tax purposes. The only item that would be included as "income" are any earnings on the inheritance; For example, if you deposited the inheritance in the bank and it earned interest, the interest would be includible on an income tax return, but not the inherited amount itself.

 

Hope this helps and lets you rest a little easier now.

 

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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12,554
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Lawyer: Andrea, Esq., Attorney replied 8 years ago

Thank you for accepting my Answer, I greatly appreciate it;

 

If you have questions in the future, please feel free to ask for me by typing my name at the beginning of your question

 

Don't forget to leave some Positive Feedback!!!

 

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ANDREA, JD, LLM

MEMBER, NY & PA BAR
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