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?
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Are attorney fees for estate work tax deductible for the deceased’s widow?
#1 by Bill on January 16th, 2012
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Nope. Perhaps the estate can deduct them, however.
#2 by skip on January 16th, 2012
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The estate gets the deduction.
#3 by bostonianinmo on January 16th, 2012
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No, but the ARE deductible by the estate if the estate is large enough to have a tax liability.
#4 by bold4bs on January 16th, 2012
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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.