Tax Law (Questions About Taxes)/Estate tax apportionment


Decedent had a taxable estate.  Will says "the expenses of administering my estate shall be charged against the residuary estate..."  Will doesn't specifically say anything about the payment of estate taxes.  Applicable state law (Texas Probate Code 322A) says each person interested in an estate is charged a proportionate share of estate taxes, unless the Will directs otherwise.  I am guessing not, but is there any argument under this scenario that the above Will language directs that the residuary bears estate taxes?

Estate tax is an expense of administration

If the estate is taxable, then by all means the tax prep person (you!) should have done this!!!

Taxable estates are not for beginners.

Generally wont change net distributable unless there are specific cash (or property) bequests or if there is large IRD with non-equal non pro rata beneficiaries

Are you paid (aghast) preparer, family mber, executor, or beneficiary?  

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Tax and general business including hospitality related (hotel mgmt degree and experience in industry prior to obtaining ms tax and cpa).


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