Which estate and inheritance taxes apply where the decedent is from one state and an heir is in another state.

Asked over 1 year ago - Novato, CA

My wife's childless Aunt died in PA and left her a portion of her estate. We are in CA. Which estate and inheritance taxes will apply to my wife's portion of the estate?

Attorney answers (3)

  1. Theodore Michael Hankin

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    Contributor Level 11

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    Answered . The estate tax is federal. It is paid by the estate, not the person inheriting a portion of the estate (what is paid reduces what can be distributed).

    I don't know if Pennsylvania has an inheritance tax ... if it does and the estate meets the threshold for payment, then, again, it is the estate that pays the tax.

    The heir (your wife) pays no tax for her inheritance (unless you are speaking of an inherited IRA and the like).

  2. Henry Daniel Lively

    Contributor Level 20

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    Answered . The tax will be determined in the state of residency at the time of death, which appears to be PA in this case. The estate will pay any Federal Estate Tax due and any Death Taxes due to the State of PA. Where the heir lives is irrelevant.

    H. Daniel Lively, Esq., LL.M., CPA Certified Tax Specialist, CA Board of Legal Specialization dlively@... more
  3. Louis Theodore Wierenga

    Contributor Level 10

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    Answered . What additional facts, not stated, give rise to any tax being due?

    Louis T. Wierenga Assisting in mitigating your business and tax risks. www.LTWLAW.com E Ltw@LtwLaw.com... more

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