Executors Trust Authority Clarification

Summary

The executor of a will manages the estate but isnt necessarily the only one who can set up a trust. If the will lacks clarity, consult a probate attorney. In Texas, inherited accounts and funds are generally not subject to state taxes, but federal taxes may apply. Inherited property isnt taxable as income, but capital gains taxes apply if sold. Distributions from inherited retirement accounts like IRAs and 401(k)s are taxable. Federal estate tax applies if the estate exceeds $12.92 million in 2023. Consult a tax advisor for specific guidance.

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With the loss of a parent, is the executor of an amended living will the only beneficiary that is able to set up a trust.
Hi Stephen! Generally, the executor of a will is responsible for managing the estate, but not necessarily the only person who can set up a trust.
- The will and any trust documents should specify who has the authority.
- Beneficiaries or trustees named in the documents may also have rights.
Is the will or trust document clear on these roles?
No the will only states what is to be done with the assist.
Stephen, if the will does not specify who has the authority to set up a trust, you may need to consult a probate attorney to clarify the executor's powers and explore your options. Is there anything more specific in the will that might help?
No, have one other question but will need to get in contact with the attorney that assisted in publishing the will. Are inherited accounts and issued funds that have been distributed, taxable in the state of Texas.
Inherited accounts and issued funds distributed to beneficiaries are generally not subject to state inheritance or estate taxes in Texas. However, the federal government may tax certain types of inherited income.
Do you need more information on federal tax implications or specific types of inherited assets?
Yes and would using some inherited funds to assist with medical debt for a living parent be tax free.
Using inherited funds to assist with a living parent's medical debt generally does not incur additional taxes. However, if the inheritance itself was subject to federal tax, that tax would already apply. Always consult a tax advisor for specific details.
Would you like more information on federal tax implications?
please provide the implications on federal tax of inherited assests
Federal tax implications of inherited assets include:
- Inherited property is generally not taxable as income to the beneficiary.
- Capital gains taxes apply if inherited property is sold.
- Distributions from inherited retirement accounts may be taxable.
- Estate tax may apply if the estate exceeds the federal exemption limit ($*.* million in *).
Would you like information on a specific type of inherited asset?
Yes I would like the information on inherited assets.
- Inherited property (real estate, stocks, etc.) is not taxable as income but may incur capital gains taxes when sold.
- Inherited retirement accounts (IRA, 401k) distributions are generally taxable.
- Federal estate tax applies if the total estate value exceeds $*.* million (*).
- Consult a tax advisor for detailed guidance.
Is there a specific type of asset you need more details on?
please provide info on - Inherited retirement accounts (IRA, 401k) distributions are generally taxable.
- Distributions from inherited traditional IRAs and *(k)s are generally treated as taxable income.
- The beneficiary must include these distributions in their gross income.
- Required Minimum Distributions (RMDs) may apply, depending on the beneficiary's relationship to the deceased.
Would you like information about the RMD rules or other tax implications?