Clifton Park, NY asked in Probate for New York

Q: Can someone tell me what this says in non-legalese?

This paragraph appears in my last will and testament:

I direct that all estate, succession, inheritance, transfer, legacy, or other death taxes imposed by the laws of the United States or any state thereof upon any property constituting a part of my gross taxable estate or upon any beneficiary receiving the same, regardless of whether such property passes under my will or outside my will, and all interest and penalties which may be extracted in respect to such taxes, shall be paid by my Executor out of the principal of my residuary estate as an expense of administration, and shall not be apportioned to the recipient of such property, except that any taxes which may be imposed because there is included in my taxable estate a power of appointment given to me by some other person shall be apportioned among the persons who are given the property which is subject to such power of appointment.

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: If there is not enough money in the estate to pay taxes, people who got other property have to pay in proportion to what they got.

1 user found this answer helpful

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