Phoenix, AZ asked in Elder Law, Nursing Home Abuse, Personal Injury and Tax Law for Tennessee

Q: My Brother had filed a lawsuit against several nursing homes he was in for elder abuse, damages against a person. He

died before the lawsuit was settled, and lived in the state of California. I live in Tenn. I was named successor in interest over my brothers Lawsuit. He died on 11/27/2015 while Tn inheritence tax was in effect, The total amount I received was 28658.69. I plan on deducting 4500. for an expense he incurred, leaving a balance of 24658.69 to be split between 4 siblings including myself, however they live in different states. Since I received the Gross amt, am I responsible for the entire tax, and whom does that go to, Tn or Fed goverment if anyone. Or am I responsible for the portion which is mine and let my siblings handle their portion themselfs in their individual states. And Which is it, State Inheritence, or federal,

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing

A: your lawyer should be able to answer that. The law of the state where the estate is governs. Also note generally the claims of injury cases are not subject to state or federal taxes, and hopefully your lawyer worked the wongful death/survival claims in a way that gives the best bounce. But you really need to start with the attorney that handled the litigation.

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