Estate taxs question

[sgwmew01]

My father died and his will states direct quote "I direct that all estate, inheritance, transfer, succession, legacy or other taxes or duties, which may become payable by reason of my death, shall be paid out of the principal of my residuary estate with no right of reimbursement from any of my legatees, beneficiaries, or any other person. Next there is a series of bequests (money, real property and personal property). I am entitled to the residue. At this point there may not be any any residue. My question is can the estate taxes be allocated to all of the assets, instead of the taxes coming off the top and the beneficiaries receiving these bequests tax free.

 

[dee_dub]

Probably not. The testator's wishes are clear: the beneficiaries take tax-free, the estate pays the taxes. If the testator intended you to take something other than whatever residue there might be after estate taxes are paid, they should have arranged the will differently.

A couple weeks ago I recommended you consult an estates lawyer, and I would repeat that.

 

[sgwmew01]

We are in the process of retaining an estate lawyer