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Are Attorney Fees For Estate Work Tax Deductible For The Deceased’s Widow?

01 Feb

Spouse died in 2006. Are attorney fees for setting up the trust documents, retitling assets to trusts, meeting with the PR, POA and Trustee tax deductible for the survivor?

 
4 Comments

Posted in Tax Attorney Long Island

 

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  1. skip

    February 1, 2010 at 7:37 pm

    Yes. Absolutely.
    Estate planning expenses are tax deductible as Legal Fees Re: Preservation of Income as a Miscellaneous deduction, subject to the 2% limitation of AGI.

     

  2. aavouche

    February 1, 2010 at 7:57 pm

    The estate gets the deduction.

     

  3. bold4bs

    February 1, 2010 at 8:03 pm

    No, but the ARE deductible by the estate if the estate is large enough to have a tax liability.

     

  4. Bostonian In MO

    February 1, 2010 at 8:22 pm

    Nope. Perhaps the estate can deduct them, however.