Covina, CA asked in Real Estate Law and Tax Law for California

Q: i received a distribution from an estate rental home sale the trustee and executor did not pay the estate debts.

Do i have to pay taxes on the this distribution if I am paying the debts of the estate? Since I am not using this distribution for myself and only to pay the debts of the estate to avoid a foreclosure of a second home in the estate how do i protect myself from taxes

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James L. Arrasmith
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Answered

A: When you receive a distribution from an estate, it may be subject to taxes depending on the type of distribution and your overall tax situation. The fact that you're using the distribution to pay estate debts doesn’t automatically exempt you from taxes on the distribution itself. The IRS views the receipt of income separately from how the income is used, so you may still have to report it on your tax return.

However, if the estate incurred deductible expenses, such as debts or administrative costs, those could potentially reduce the taxable income of the estate, and thus, impact what gets passed on to you. It may be helpful to review the estate's final tax return to understand what deductions have been taken.

To protect yourself, you’ll want to keep thorough documentation of the debts you’re paying on behalf of the estate, as well as the distribution amounts. This will help if there’s any question about how the funds were used. Additionally, consulting with a tax professional who can guide you based on your specific situation could help you navigate this complex issue.

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