Inheritance

An inheritance is the property of a decedent (deceased person) which passes to his/her survivors. Inheritors may be named in a will and can include any person(s) the decedent chose. If there is no will, state law determines who inherits property. Generally, this will be immediate surviving family members such as a spouse and children. Previous spouses are usually excluded from inheriting if a divorce settlement has been finalized. An estate must go through the probate process so that all outstanding debts are paid before the remaining property is distributed. Survivors do not inherit unpaid debts unless they were already jointly responsible for such debts.

Some states impose an inheritance tax on property that is inherited by survivors. This tax must be paid by each beneficiary of a decedent's estate. Property willed to a surviving spouse is usually exempt from inheritance tax. This tax is slightly different that an estate tax which is owed by the estate itself and which is based on the total value of all property. Estate taxes are taken "off the top" before property is distributed. Inheritance tax is owed only on what each inheritor actually receives. 11 states currently levy inheritance taxes and 17 states impose estate taxes

Fast Facts

  • Most states have laws in place making it difficult to disinherit a current spouse - even if a couple is separated.
  • As the average American lifespan continues to increase, healthcare and long term care expenses tend to leave less money for heirs to inherit.

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  • Inheritance Tax

    When an individual dies and leaves assets to beneficiaries, the amount that the beneficiaries are taxed on the...
    • Site: willsandtrustslawfirms.com
  • Will Writing with an Inheritance

      What is inheritance?  An inheritance is defined as whatever one receives upon the death of a relative due to...
    • Site: elderlawfirms.com
  • Estate Intestate Inheritance

    Leaving a will is the best way to ensure heirs or descendants may inherit from your estate. Issues of property...
    • Site: estateplanninglawfirms.com
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  • Will and Inheritance Tax Law

      When someone to write a will is an essential part of elder care planning. It is important for anyone that ha...
    • Site: elderlawfirms.com
  • Proving Inheritance Rights

    The last will and testament of an individual is meant to serve as a statement of their wishes upon their death...
    • Site: willsandtrustslawfirms.com

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