Call Us Now 215-790-1095
8 Sep, 2015

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

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!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do

Tags: Chester County, Inheritance Tax, Pennsylvania, Pennsylvania Inheritance Tax rates, Probate, Probate Attorney, Probate Lawyer

What Our clients are saying

Klenk Law Logo
Stars

Dustin Ward

Jackie was fantastic! She helped prepare our will, her professionalism and organization was top notch! We highly recommend Jackie and Klenk Law.

Klenk Law Logo
Stars

Jeff Bretz

Both Melissa and I thank Jackie and Daniella, and your firm for excellence in the handling of Mary's estate!!!

We look forward to working with you in the future on other family estate matters.

Klenk Law Logo
Stars

David Major

Had our will done with Peter and his team. Made the process super easy and understandable. His team lead by Laura Parisi were always available for questions and assistance. Professional and personable they made what can be a challenging experience hopeful and graceful. Cannot recommend their services enough!

Klenk Law Logo
Stars

Keith Austin

The Klenk team smoothly helped my family with the often thick and cumbersome estate planning documents. We would recommend them for this type of work! Thank you, Klenk Law!

Klenk Law Logo
Stars

Cathy Goodwin

Very friendly and easy to work with - definitely a better experience than I've had with other lawyers! Peter is very detailed and thorough. I've worked on previous versions of my will with other lawyers, and he pointed out things they'd never mentioned. Fast turnaround and very responsive to emails and phone calls.

Let us put our expertise to work for you.

Free consultation within 24 hours.