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As executor, can I donate estate assets for a PA charitable deduction?

Posted on Tue Sep 8, 2015, on Probate and Estate Administration

From our “Ask a Question” Mailbag: PA Inheritance Tax Charitable Deductions

Most Recently Updated July 19, 2018.

“My mother died and I was named Executor of her estate. The estate is divided equally between myself and my brother and sister. She had so many things in her house that none of us want. Can I give these to charity and then take a deduction on the Pennsylvania Inheritance Tax return?”

PA Inheritance Tax Charitable Deductions

PA Inheritance Tax Charitable Deductions

If I have the facts correct, all assets are equally divided between you three siblings. This includes all personal property. If so, then the right to collect the property is with the children and the Commonwealth’s Inheritance Tax is due on the fair market value of those things. The tax for children is 4.5%.

The only way that this property could go to charity and not be taxed would be if your mother had said, in her Will, that the assets go to charity. Because she said they pass to children, you have to pay the tax. But, if you transfer the assets to the charity then your siblings and you can take a charitable deduction on your own income taxes, which will likely save you more money. The gift is made by you three, so the deduction is the same as if you took things from your own house and gave them as a gift.

More Probate Questions?

Charitable deductions are only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: PA Inheritance Tax Charitable Deductions

I hope that this article was helpful in explaining charitable deductions. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

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