Specific Gifts, Taxation
Unless a will directs otherwise, all
death taxes assessed against a
specific gift are paid out
of the residuary estate.
These payments must be made before any distribution to the
residuary beneficiaries.
For Example:
Rachel has a $300,000 estate when she makes her will, $200,000 in cash and a
horse worth $100,000. Her will makes one specific gift to her friend and
leaves the rest of her property to her daughter, as follows:
"I give my grey horse, Traveller, to my friend, Paul. I give all the rest of
my estate to my daughter, Ashley."
Paul's gift incurs $15,000 in
Pennsylvania inheritance tax and Ashley's gift incurs $9,000. However,
the entire $24,000 is paid from the $200,000 residuary estate. Rachel's
daughter will receive $176,000 and the friend will receive the horse valued
at $100,000.
Also, specific gifts may
increase in value, while cash may be depleted.
For Example:
Suppose that Rachel incurs medical expenses of $50,000 prior to her death,
reducing her cash to $150,000. During this time Traveller's value increases
to $125,000. With these changes, Rachel has an estate valued at $275,000 at
the time of her death.
In this instance, Ashley receives $124,500 and Paul receives the horse
valued at $125,000. Although Rachel intended to give her daughter twice as
much as her friend, they actually receive the same amount.
An alternative is to have Paul pay the $18,750 of tax on the specific gift,
for a net gift of $106,250 leaving Ashley $143,250.
However, this may also produce unintended results. If the beneficiary does
not have the cash to make the tax payment, the beneficiary may have to take
a loan or even sell the specific gift to make the tax payment.
See: Pennsylvania
Inheritance Tax, Generally;
Federal Estate Tax, Generally
