Submitted By: Art
Answered: September 10, 2013 8:30 am

I inherited my mom’s IRA and some other property. An attorney prepared her estate tax return, but no taxes were due. Can I deduct the attorney’s fees?

Unfortunately, no. The fees were payable by the estate and deductible only by the estate. If there had been a federal estate tax, you would have been entitled to a write-off for the federal estate tax with respect to the IRA. This is because the IRA is income in respect of a decedent (income earned by the person before death that is taxed to someone else after the person’s death).  However, since there was no estate tax, you don’t get any deduction.

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Tax Glossary

Inter vivos or lifetime trust

A trust created during the lifetime of the person who created the trust. If irrevocable, income on the trust principal is generally shifted to the trust beneficiaries.

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