If I as beneficiary of my mother's life insurance, give the proceeds to a sibling as reimbursement for funeral expenses, is gift tax involved?

Question Details: If I as beneficiary of my mother's life insurance, give the proceeds to a sibling as reimbursement for funeral expenses, is gift tax involved and, if so, who pays it, the giver or receiver? My sibling's attorney advises putting the life insurance proceeds into an accout labeled "estate of so-and so", but the estate is taxable and the life insurance is not. Isn't it a bad idea to intermingle the two?

Asked 10/21/2009 under Wills, Trusts, Probate | 326 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Wills, Trusts, Probate Law Answers

I am not admitted in Pennsylvania.  I am sorry for your loss.

Part of your question is unclear.  Generally, the estate is responsible to pay for the funeral expenses when the deceased leaves assets. However, the relatives - or other parties organizing the funeral - become legally responsible to pay when they organize it.  Your Sister should be reimbursed from the proceeds of the Estate.  If you are reimbursing her then there may be more facts here - as to what is left in the estate , etc., - that are not given. 

As for the marking the proceeds of the life insurance policy as estate proceeds, I would not advise it.  Life insurance proceeds pass outside the estate and are not taxable, as you say.  I would seek your own legal counsel in this and tax advice.  Good luck.   

Related Wills, Trusts, Probate Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com