Beneficiary and Fiduciary Liability for Income, Gift and Estate Taxes
It can be either a blessing or a curse to be appointed as the Personal Representative of an estate or Trustee of a trust (collectively a "Fiduciary"). One of the most over looked aspects of the job is the fact that the U.S. Government has a "general tax lien" on all estate and trust property when a decedent leaves assessed and unpaid taxes and a "special tax lien" for estate taxes on a decedent's death. As a result, when advising a Fiduciary on the estate and trust administration process it is important to inform them that with the responsibility also comes the potential for personal liability. On many occasions a Fiduciary may be placed into a position where assets passing outside the probate estate (life insurance, jointly held property, retirement accounts, and pension plans) or trust, over which they have no control, constitute a substantial portion of the assets (real property, stocks, cash, etc.) subject to estate taxation. Without the ability