New Jersey imposes inheritance taxes on decedent estates at the time of death. Depending on the person’s relationship to the decedent, the amount of taxes owed will vary. This article explains in depth how the inheritance tax may affect you when you inherit from a loved one who dies.
In short, no. The inheritance and estate taxes are two separate issues. The state estate tax exemption in New Jersey is $2,000,000. If an estate exceeds $2,000,000 in 2017, the tax is calculated on the excess amount. However, the New Jersey Legislature eliminated the estate tax for anyone who dies after January 1, 2018.
The inheritance tax is a tax on a beneficiary’s right to receive property from a decedent. Any property, or income from property, that a decedent transfers to a recipient or that a beneficiary uses are subject to the New Jersey Inheritance Taxi. The inheritance tax is calculated by the value of the asset transferred, less any available deductions or exemptions; and the relationship between the decedent and the beneficiary. The inheritance tax is imposed on a beneficiary that receives property valued at $500 or more. Therefore, if you receive something worth $499, you will not be required to pay any inheritance taxes. Life insurance is also exempt.
New Jersey inheritance taxes apply to residents of New Jersey. It also applies to non-residents of New Jersey who own real or personal tangible property located in New Jersey. Real property includes real estate: shore homes, rental properties, etc. Personal property refers to any movable property. This article mentions that the decedent has to be a resident of New Jersey. So, the person who’s estate is subject to the tax must be considered domiciled in the state of New Jersey at the time of his or her death.
Domicile is about intent. It requires physical presence or contact with New Jersey, or an intent to return to New Jersey after leaving it. The courts have long held that a person is presumed to be domiciled in one state until another domicile is established in another. In New Jersey, you are considered a resident if you live there, or if you do not have a permanent home in the state that you spend no more than 30 days in New Jersey; or if you own a residence in New Jersey and spend more than 183 days in New Jersey. However, a taxpayer will not avoid New Jersey inheritance taxes if that person is out of the state for 183 days or more.
This is a huge factor in determining how much you will owe, if anything, in inheritance taxes. New Jersey classifies beneficiaries by Class:
Unless you fall under a Class A beneficiary, the responsibility falls on the estate’s Personal Representative to file the appropriate tax return and pay the tax. Payment accompanies the return.
If you have any questions about New Jersey Inheritance tax or any other estate planning topics, feel free to contact us to schedule a free consultation.
For more than two decades Klenk Law has focused only on Estate Law. We’ve seen it all, and this experience allows us to explain complex estate planning techniques clearly and concisely. We make it easy for you to understand estate planning so you can make the best decisions for yourself and your family.
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
Peter provided outstanding advice and preparation of a will and trusts.
Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.
When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...
AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!
Great friendly staff
Tremendous firm with bright, kind and tenacious people. Great representation for our family.
I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.
Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!
Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.
Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.
Answered my question quickly and referred me to a colleague that could handle my problem
Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.
Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.
Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!
Peter provided outstanding advice and preparation of a will and trusts.
Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!
You & your staff are the best thank you for everything.
Peter and his staff handled all of our needs in a very professional and timely matter.
Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.
Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.
Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.
Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.
Surprisingly easy
Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.
Peter and his associates made things easy for us.
Let us put our expertise to work for you.
Free consultation within 24 hours.