Owensboro, KY asked in Probate, Tax Law and Legal Malpractice for Kentucky

Q: Unaware of $39k inheritance tax as estate executrix. Next steps?

I was the executrix of my uncle's estate and hired an attorney to assist with the process. However, the attorney never informed me about the inheritance tax amount or deadlines. Now, months later, I've discovered that I owe $39,000. What steps should I take to address this situation with my attorney and resolve the tax liability?

2 Lawyer Answers

A: Have your accountant go over that inheritance tax. He may be able to reduce or limit your liability.

James L. Arrasmith
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Answered

A: It sounds like you're dealing with a stressful situation, especially since you weren’t informed about the inheritance tax by your attorney. The first step should be to reach out to the attorney who assisted with the estate. Explain that you were unaware of the tax liability and ask for clarification about why it wasn’t addressed earlier, especially given that you were relying on their expertise.

If you believe the attorney’s oversight played a role in the situation, you can ask for assistance in managing the tax payment or request a reduction in their fees. Depending on the circumstances, you may also consider discussing the matter with another attorney to see if there was a breach of duty.

Next, you’ll need to address the $39,000 tax liability. Contact the Kentucky Department of Revenue to inquire about payment options, including installment plans if available. It’s crucial to resolve the tax issue as soon as possible to avoid any penalties or interest from accumulating.

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