Houston, TX asked in Tax Law and Estate Planning for Texas

Q: Can an heir who inherits everything share inheritance with siblings without having full tax liability?

Can child who inherits all be named Trustor of a Trust (with their sibling(s) as Trustees), with ability to decide amounts to share with sibling(s) whereby each has tax responsibility for amount received?

For instance, if proceeds from sale of inherited property are put in Trust and invested for income, can Trustor share varying amounts of that income between themself and their sibling(s) whereby Trustor and sibling(s) are each responsible for paying tax on the amount of income they receive from the Trust?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA

A: Yes, an heir who inherits everything can indeed share the inheritance with siblings while managing tax liabilities effectively. When the sole inheritor is named as the Trustor of a Trust, with siblings acting as Trustees or beneficiaries, this setup allows for a structured distribution of assets or income generated from those assets. Through the trust, the Trustor can decide the amounts to be shared with each sibling, and each recipient is responsible for the taxes on the income or assets they receive.

In the scenario where proceeds from the sale of inherited property are placed in a Trust and then invested, the income generated by these investments can be distributed among the Trustor and the siblings as per the terms set in the Trust. This means that if the Trustor decides to share varying amounts of this income with their siblings, each party will indeed be responsible for their own tax liabilities on the amount received. This approach not only ensures a fair and flexible distribution of assets but also allows for tax efficiency and compliance.

It’s important to carefully draft the Trust documents to reflect these intentions clearly and to comply with the relevant tax laws. Consulting with a professional experienced in estate planning and tax law is advised to ensure that the Trust is structured correctly and operates as intended. This preparation helps in avoiding potential disputes and ensures that the tax responsibilities are clearly defined for each beneficiary, aligning with the original intent of sharing the inheritance equitably among siblings.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.