“An estate tax is primarily based on the total value of a decedent’s estate compared to the state’s estate tax exemption amount,” Schoenbrodt said. “By contrast, an inheritance tax is primarily based on the identity of a decedent’s beneficiaries, their relationship to the decedent, and the amount passing to certain classes of beneficiaries.”

What is the difference between an estate tax and an inheritance tax?

A state estate tax is derived from the total value of an individual’s (or decedent’s) estate and how it measures up to the state’s estate tax exemption. An inheritance tax, on the other hand, is based on the beneficiaries, their relationship to the decedent, and the value of the estate that will pass to certain types of beneficiaries.

The Star-Ledger took up this often confusing subject in a recent article titled “Biz Brain: Inheritance tax liability confusion.

In other words, the estate itself can be taxed for the amount that is above the exemption cut-off. If the total value of the estate falls below the exemption line, then there is no estate tax applied.

The inheritance tax is a tax on the beneficiary’s gift. The beneficiary of the property is responsible for paying the tax him or herself-not the estate. You can, however, breathe a little easier as there are now only eight states that impose an inheritance tax [Indiana, Iowa, Kentucky, Maryland, Nebraska, New Jersey, Pennsylvania and Tennessee]. But even if you live in one of those states, many beneficiaries may end up being exempt from paying the inheritance tax.

These two types of taxes often get confusing, and if a fair amount of planning isn’t done before a person passes away, it can cause headaches for those who are to receive something from the estate.

The best course of business is to speak with an experienced estate planning attorney who has the background and skills necessary to make the estate plan easy-to-understand both for the owner while he or she is still alive-as well as for the beneficiaries when the estate is being probated. In addition, and equally as important, is working with an attorney to avoid unnecessary tax consequences for everyone involved.

Do You Need To Speak With An Attorney About Estate Planning?

If you need to speak with an experienced estate planning lawyer please contact us online or call us directly at 800.756.5596 to first register for one of our free, informative seminars. Your attendance will qualify you for a special discount for our estate planning services should you decide to make a free appointment at the conclusion of the seminar and choose to proceed with us. We proudly serve clients throughout California with offices in Torrance, Newport Beach, Orange, Woodland Hills and Pasadena.

Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.
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