Estate taxes

Asked 9 months ago - Oklahoma City, OK

Flag

my mother-in-law passsed away two weeks ago. she has insurance polices that total about $40,000. her home is worth about $90,000 and there is no mortgage on it. she paid $72,000 in 1999. will we have to pay taxes on the insurance and the sale of the home. that is the total of her estate her will leaves the insurance to my wife and the home to my wife and her two siblings whci will split the home sale three ways. my wife plans on splitting the insurance between the grand children and great grandchildren. thanks

Attorney answers (3)

  1. Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered August 10, 2012 19:53. I agree with Attorney Frederick-most likely no taxes. No taxes on insurance and her ownership of home can be passed with a step up in basis and no Federal estate tax.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  2. Contributor Level 20

    5

    Lawyers agree

    Answered August 11, 2012 06:27. Life insurance proceeds are not taxable income, except for a small portion of interest that accrues after death. You will get a Form 1099 if there is any interest to speak of but it will be quite small. Her home since it was titled in her name will get a step up in basis to $90,000 so there will be no capital gains if it is sold at this value.
    One warning: Certain states have an inheritance tax, such as PA. I am not an OK estate lawyer so you need to check this out.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336, his email address is sjfpc@comcast.net , for more tax, estate and business articles visit his website www.sjfpc.com. and blog

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more
  3. Contributor Level 20

    3

    Lawyers agree

    Answered August 10, 2012 19:44. How is the home titled? As long as it was in MIL's name alone at the time of her death, (or if title passed by operation of law, as of the date of death), then there should be no capital gains taxes due on the home. The insurance will not be taxable either.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,797 answers this week

2,568 professionals answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,797 answers this week

2,568 professionals answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary