If your state has an inheritance tax, you should have an idea how it will be paid when you pass away.

Financial institutions may not withhold the tax before the inheritances are paid, and if there will not be enough in the residue of your estate to pay the tax, you need some options.

Nj.com’s recent article entitled, “How can I be sure the inheritance tax is paid when I die?” says that, while it is admirable to try to avoid trouble for your executors, there is a simple solution.

The article suggests that you can remove all beneficiary designations from your financial accounts. When you add beneficiary designations to your financial accounts, you create non-probate assets, or assets that are not distributed pursuant to your will.

If you do this, those assets will become probate assets, or assets that pass through your will. As a result, you can then state in your will how these assets should be distributed.

For instance, it can be based on percentages of your estate or based on which financial institution holds the assets, or another method.

With these assets now being probate assets, the executor of your will is now able to withhold the inheritance tax on each of the distributions, before distributing the rest.

The amount of inheritance tax paid by the beneficiary is the same whether the distribution is made as a probate asset or a non-probate asset, except for life insurance.

However, if the financial account is a retirement account, by having it paid to the estate instead of directly to a beneficiary, the payout period may be lessened. Therefore, you should speak with an experienced estate planning attorney.

Reference: nj.com (May 5, 2020) “How can I be sure the inheritance tax is paid when I die?”

Sims & Campbell, LLC – Annapolis and Towson Estate Planning Attorneys