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Spyder7 · Apr 25, 2014, 09:08 AM

I am a beneficiary of my Aunt's estate in New Jersey, what forms or documents do I need for the State of Ohio?

AK lawyer · Apr 25, 2014, 09:14 AM

If Ohio is like most, if not all states, you need to hire an attorney (strongly suggested, although you may be able to do it yourself) to file a probate petition with the court. Has such a petition been filed?

Or are you asking about state tax forms of some kind?

ScottGem · Apr 25, 2014, 09:55 AM

Please define what you mean by beneficiary? Do you mean you were named in the will as an heir to some portion of the estate or what?

In what context are you asking about forms?

joypulv · Apr 25, 2014, 01:05 PM

I have a feeling it's about taxes to Ohio.
What year did you receive the inheritance?

Spyder7 · Apr 25, 2014, 02:09 PM

Originally Posted by AK lawyer

If Ohio is like most, if not all states, you need to hire an attorney (strongly suggested, although you may be able to do it yourself) to file a probate petition with the court. Has such a petition been filed?

Or are you asking about state tax forms of some kind?

I'm sorry I did not make that clear enough. Her estate ( house and bank accounts ) are being split between myself and her 3 stepchildren equally. The house has been sold and just went through closing yesterday. My Aunts oldest stepson is Executor of the estate because he is the only one left living in NJ. He hired an attorney and an accountant to handle the legal and financial ( tax, etc.) parts of it.
In her will she stipulated that if any inheritance tax was to be paid that it would be split between the four of us. Well, we wound up having to pay 16% because I am her Niece, which amazes me because I was her only blood relative! In any event, I was told that I would be putting this on my 2013 Tax Forms, but is there anything else I am required to file for the State of Ohio? Or will I be charged an additional tax because she lived in NJ?

AK lawyer · Apr 25, 2014, 02:16 PM

You probably should start here.

As I read it, Ohio has an estate tax, not an inheritance tax. The difference is who pays the tax. If it's an estate tax, the estate, not the heir, is responsible. Unless she had assets in Ohio, I doubt that Ohio can charge an estate tax.

In any event, the site to which I linked starts out by saying that there is no tax for 2013.

"The effect is that there will be no estate tax on estates of individuals who die on or after January 1, 2013."
"Estates of individuals with a date of death prior to January 1, 2013: the Department still requires a tax release / tax waiver form for all asset transfers greater than $25,000. Estates with a net taxable value of $338,333 or less are effectively exempt from payment of the tax. A 6 percent tax rate applies to any net taxable value above that mark, up to $500,000. A 7 percent rate applies to any net taxable value over $500,000. "

When did she die, and what was the net value of the total estate (in New Jersey or elsewhere)?

Spyder7 · Apr 25, 2014, 02:19 PM

Originally Posted by joypulv

I have a feeling it's about taxes to Ohio.
What year did you receive the inheritance?

It is, I have not received anything as yet. We just closed on her house yesterday. The Executor (who is my Aunts oldest stepson, and the only one still living in NJ)
Hired an attorney to take care of all legal matters and an accountant to handle filing of the taxes, etc. I know that I will have to file this on my 2013 Taxes, but because she lived in NJ and I'm in Ohio, is there any other inheritance tax issues I need to be aware of for the State of Ohio?

AK lawyer · Apr 25, 2014, 02:34 PM

What Joy should have asked, is "what year did she die?" Because, as I indicated in the previous post, for decedents who died after 1/1/13, Ohio doesn't tax estates.

If Ohio did have an inheritance tax, when OP receives the inheritance (some time later this year, presumably) would be relevant.

In any event, the filing of Ohio estate tax returns would be the responsibility of the New Jersey executor (or his attorney or accountant).

ScottGem · Apr 25, 2014, 03:17 PM

I'm curious about what you paid. In most cases, estate taxes are paid out of the proceeds of the estate, so I'm wondering why you should have had to pay anything. It should have been taken off the top of the estate assets before distribution.

AK lawyer · Apr 25, 2014, 04:40 PM

I believe the federal government collects an estate tax, and many states have inheritance taxes.

I