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Q&A: An aunt left him out of her will. Can his siblings share the windfall?

January 27, 2025 By Liz Weston

Dear Liz: My brother and I have received a cash inheritance from our aunt, as have our cousins, among a few others. Our youngest brother was excluded, as was our cousins’ youngest sibling. I believe my aunt, who was 96 when she died and in her 80s when her will was done, simply forgot these two as the family was spread out and contact was infrequent. My brother and I want to do the right thing for our younger brother and give him an equal share from our inheritance. I know most states don’t have inheritance taxes, but since he won’t technically be inheriting it I wonder if there are any other tax implications for us or him.

Answer: Whenever gift taxes are owed, which is rarely, they’re paid by the giver.

Dividing your inheritance with your brother would be a gift to him, so he would owe no taxes. You might have to file a gift tax return if the amount you give him is more than $19,000 (the current annual gift tax exclusion amount). But you wouldn’t owe gift taxes until the amount you give away over that annual limit exceeds your lifetime limit, which in 2025 is $13.99 million. The same is true for your other brother — a gift in excess of the $19,000-per-recipient annual exclusion would require filing a tax return, but probably not paying taxes.

Gifts in excess of the annual exclusion also reduce the amount you can pass free of estate taxes after your own death. If you’re a multimillionaire and likely to face these taxes, please consult an estate tax attorney.

Filed Under: Inheritance, Q&A, Taxes Tagged With: gift tax returns, gift taxes, gifts, Inheritance, sharing an inheritance

Q&A: My parents cut my kid out of their will. (Ouch!) Can I give her some cash?

June 10, 2024 By Sangah Lee

Dear Liz: My parents wrote my youngest daughter out of their will (my other children were left in). As both parents are now gone, I am in the process of settling the estate. I feel horrible that my parents did this. My daughter is very upset with me and her siblings for not sharing the inheritance. I am under the impression that there is nothing we can do about the will. Having said that, I would like to give my daughter a good amount of money but I believe I can’t give more than $18,000 a year. Am I correct in my two assumptions?

Answer: Yes and no.

Yes, as the executor of the estate, you’re bound to carry out your parents’ wishes as expressed in their estate planning documents.

But no, there’s no limit to how much money you can give someone. Gifts over a certain size — which is $18,000 this year — have to be reported to the IRS. But you won’t owe gift taxes until the amounts you give away over the annual limit exceed your lifetime limit, which is currently $13.61 million.

That said, a large enough gift could have an impact on your own estate. Consider getting advice from your estate planning attorney before you proceed.

Filed Under: Estate planning, Inheritance, Kids & Money, Q&A, Taxes Tagged With: disinheritance, estate plan, Estate Planning, gift tax, gift tax exemption, gifts, Inheritance

Friday’s need-to-know money news

December 8, 2017 By Liz Weston

Today’s top story: Is Bitcoin safe? Also in the news: How to buy better gifts with credit card rewards, must-have tools and tips for year-end retirement planning, and smart money lessons for kids that can last a lifetime.

Is Bitcoin Safe?
A roundtable debate.

How to Buy Better Gifts With Credit Card Rewards
Using your rewards strategically.

Must-have tools and tips for year-end retirement planning
Getting on the right track.

Smart money lessons for kids that can last a lifetime

Filed Under: Liz's Blog Tagged With: BItcoin, credit card rewards, Credit Cards, cryptocurrency, gifts, kids and money, retirement planning

Wednesday’s need-to-know money news

November 29, 2017 By Liz Weston

Today’s top story: 3 reasons to be petrified of Bitcoin. Also in the news: A ‘Born Spender’ goes on a spending fast, how to stop your grown kids from ruining your retirement, and how to hide gifts from your partner when you share bank accounts.

3 Reasons to Be Petrified of Bitcoin
The cryptocurrency reaches an all-time high.

How I Ditched Debt: ‘Born Spender’ Goes on a Spending Fast
Changing their ways.

How To Stop Your Grown Kids From Ruining Your Retirement
Protecting your future.

How to Hide Gifts From Your Partner When You Share Bank Accounts
Tips for holiday giving.

Filed Under: Liz's Blog Tagged With: adult children, BItcoin, budget, cryptocurrency, gifts, holidays, Retirement, Savings, spending

Q&A: When generosity becomes a taxing issue

June 5, 2017 By Liz Weston

Dear Liz: I recently came into some money, and I would like to share it with my family. I understand that there are annual tax caps on how much you can give to someone ($14,000 per person per year). However, does this limit apply only to cash and cash equivalents or also to any other gifts? For instance, can I pay off a sibling’s student loan for more than $14,000 without running afoul of the limits?

Answer: There’s no cap on how much money you can give to another person. But if you give more than $14,000 to any one person, you have to file a gift tax return (IRSForm 709). You won’t actually owe gift taxes until the amount you give in excess of that limit totals more than $5 million. (The precise limit this year is $5.49 million and it’s scheduled to rise by the rate of inflation in coming years.)

Paying most bills, including student loans, on behalf of another person counts as part of that $14,000 limit. The only exceptions are if you pay someone’s tuition, medical expenses and health insurance. To avoid the limit, you would have to pay the bills directly to the provider (such as the school, doctor, hospital, insurance company and so on). If you give the money to the person to pay these expenses, it counts as part of the $14,000 exemption.

Some people keep rigidly to the $14,000 limit to avoid having the excess gifts reduce their estate tax exemption. (Gifts over the $14,000 limit are added back into a person’s estate at death, and the prevailing estate tax exemption — which is also currently $5.49 million — is deducted from that enhanced total.)

If you aren’t a multimillionaire, though, this probably isn’t something you need to worry about. If you go over the $14,000 per person limit, you just have to deal with a little paperwork.

Filed Under: Q&A, Taxes Tagged With: gift tax, gifts, q&a, Taxes

Friday’s need-to-know money news

December 9, 2016 By Liz Weston

smartphones_financeToday’s top story: A good retirement savings option for the self-employed. Also in the news: Jobs that could mark you as a risk for late payments, what to ask before giving a cell phone as a gift, and the financial perks of not celebrating Christmas.

A Good Retirement Savings Option for the Self-Employed
Consider a Solo 401(k).

Study: These Jobs Could Mark You as a Risk for Late Payments on Personal Loans
Is yours on the list?

Ask These Questions Before Giving a Cell Phone This Season
What you need to know before making a purchase.

The Financial Perks of Not Celebrating Christmas
The upside to being The Grinch.

Filed Under: Liz's Blog Tagged With: cell phones, gifts, holiday spending, holidays, Personal Loans, Retirement, retirement savings, self-employed, solo 401(k)

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