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My friend's Father passed away in Florida, but my friend lives in Washington State. Will he have to pay Washington anything?

Seattle, WA |

He says Florida does not have an Inheritance Tax, but can he bring it back to his life in Washington without having to pay Washington State Inheritance Tax?

There was no WA RE involved, but my friend (call him Nick) is selling his dads FL home as part of his inheritance. Nick's understanding from the horrible Executor Nick's Father named, is that my friend will not receive any more than $250K, probably a lot less with this Exec. at the helm and nobody will give Nick an accounting, a time line, nothing. So, when Nick comes back to live in WA with his FL inheritance, the Feds could ask for taxes on already taxed money? The Exec. said Nick's Dads taxes have already been paid this year, Nick would have to pay again, out of his inheritance even though WA doesn't have an inheritance tax? Right? Thank you.

Attorney Answers 5


  1. Best answer

    Washington inheritance tax only applies if the deceased person lived in Washington at the time of death, or owned substantial property in Washington at the time of death. It also only applies currently to the part of the estate that is over $2 million.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit www.justinelderlaw.com.


  2. I agree with Justin Elder. The only thing that I would add is that the decedent often owns IRAs or similar assets. The receipt of those assets by heirs often comes with an income tax obligation even when there is no inheritance tax owed. That would be a federal income tax.


  3. The only asset that would be subject to Washington probate and potentially subject to Washington State inheritance tax (depends on value which you've not mentioned) would be Washington real estate


  4. The answer depends on whether the father owned property in Washington or was a resident of Washington when he died. Washington does not have an inheritance tax (a tax on the person who receives an inheritance) or a gift tax. It does have an estate tax (a tax on the property of the person who died), but as my esteemed colleagues pointed out, that does not apply unless the person who died resided in Washington or owned property in Washington, and then only if the property was over $2 million.

    This answer provides general legal information and should not be construed as legal advice to be applied to any specific factual situation. It is not intended to create and does not create an attorney-client relationship. The attorney writing this post is licensed in Texas and Washington only and the laws of your jurisdiction may differ.


  5. I'd be more worried about income tax surprises unless the father owned valuable Washington situs property.

    Most people are not fully aware of the effect their legal case will have on their Financial & Estate Plan. I welcome the opportunity to discuss your unique situation with you so that you will know the financial impact that your case may have. You may find more information in articles, videos, and blog entries on my website www.411FlaLaw.com. Disclaimer: The response above is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, would significantly alter the above response.

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