ESTATE AND
INHERITANCE TAXES
IN KANSAS AND
OKLAHOMA – PART 1
“The idea that the property you leave behind after you die
might have to go to the government in taxes is not an idea
that most people like.”
By Larry Parman
OKLAHOMA ESTATE PLANNING ATTORNEY
After all, you spent a lifetime earning money and building wealth, and the idea
that the government will simply take it after you're gone can be infuriating.
But fear not. While there are taxes that apply to the property people leave after
they die, the issue is far less significant than many people realize. In fact, most
people who die and leave behind property will not have to pay any taxes on their
estates at all. Further, people who inherit property from others usually do not
have to worry about paying taxes on those inheritances either.
To help clarify this estate and inheritance tax issue, today we start the first of a
two-part series that addresses these concerns. As always, if you have specific
questions about the state or inheritance taxes, or need advice, you need to talk to
us so we can speak to you about your specific circumstances.
Estate and Inheritance Taxes on Kansas and Oklahoma – Part 1
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STATE, FEDERAL, OR BOTH
One of the first issues you need to understand as we discuss these tax issues is
the idea that taxes can exist at several different levels. Every state can impose its
own kind of tax, as can the federal government. With estate and inheritance
taxes, the specter of taxes at both levels is possible, but is, as we will learn, not
very likely.
Estate and Inheritance Taxes on Kansas and Oklahoma – Part 1
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THE DEATH TAX
While there are a number
of taxation issues
associated with leaving
behind an estate, perhaps
the most well-known, and
widely misunderstood, is
the so-called "death tax."
More appropriately
known as the estate tax,
this tax applies to the
property people leave
behind after they die. To
understand how this tax works, you have to have a basic understanding of the
process that occurs after someone passes away.
Put simply, once you die and leave behind property, someone will become
responsible for managing the property and distributing it to new owners. That
person, known as a personal representative, executor, or estate administrator,
will have the legal authority to use estate property.
It falls to the administrator to determine if the estate owes any estate taxes, and
to use estate property to pay those taxes before distributing anything to new
owners.
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In other words, you will never have to pay the estate tax yourself, nor do your
inheritors have to pay it if they receive an inheritance.
Currently there is a federal estate tax, but it only applies to estates worth in
excess of $5.43 million. Not only that, if you are a married couple, you can
combine the exemption amounts afforded to both spouses, meaning married
couples who leave behind estates worth less than $10.86 million dollars will not
pay a single dime in federal estate taxes.
Even better, neither Kansas nor Oklahoma currently have a state-level estate tax,
though some other states do and can impose taxes if you inherit property in
those states.
Estate and Inheritance Taxes on Kansas and Oklahoma – Part 1
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INHERITANCE TAXES
An inheritance tax, unlike an estate tax, is a tax levied against the property
people inherit. If, for example, you receive an inheritance from your grandfather,
you might have to pay an inheritance tax on the value of the property received.
As with other taxes, both federal and state inheritance taxes could apply.
Currently, however, there are no federal, Kansas or Oklahoma inheritance taxes.
MULTI-STATE ESTATES AND INHERITANCE
When you're dealing with
estates with property in
multiple states, or inheritors
who live in different states,
the question of inheritance
and estate taxation becomes
more complicated. For
example, if you live in one
state and a relative dies in
another, will you have to pay
inheritance taxes if the state
in which your relative died imposes such a tax? The answer to this question can
be a little complicated, so if you're in this type of situation you should consult an
attorney about your potential tax liability.
Estate and Inheritance Taxes on Kansas and Oklahoma – Part 1
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TAX STRATEGIES
Regardless of how much you
own or what your inheritance
wishes are, having an
understanding of what tax
issues might apply to you and
your estate plan is essential.
While most people will not
require complex tools to deal
with their tax issues, there are
situations where even simple
actions can greatly reduce, and
potentially eliminate, a future
tax bill.
Talking to us about your estate
plan, your current financial
situation, and what you can do
to protect yourself against state and federal taxes is essential if you want to be
sure you leave behind as large an estate as possible. If you haven't already done
so, schedule an appointment to speak to us at your earliest possible convenience.
Estate and Inheritance Taxes on Kansas and Oklahoma – Part 1
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About the Author
Larry Parman
After helping his own family deal with a lengthy probate and a battle with the
IRS following his father’s death in a farm accident, Larry made a decision to
help families create effective estate plans designed to reduce taxes, and
minimize legal interference with the transfer of assets to one’s heirs, and
protect his clients’ assets from predators and creditors. Following a dozen years
in the investment banking and financial services business, in the mid-1980s Mr.
Parman formed a law firm that gives families the peace of mind that comes
from having created a premier estate and financial plan.
After forming his law firm in 1984, he offered a series of public and private
seminars to inform the public about using a Living Trust as the foundation of a
family’s estate plan. Today, Parman&Easterday is one of the leading business and estate planning law
firms in the Midwest. The firm’s primary focus is on business and estate planning, elder law, asset
protection, and providing effective estate planning solutions for clients. Today, the firm’s premier
estate plan design is referred to as a Legacy Wealth Plan.
Mr. Parman is a frequent guest on the radio and can be seen on television talk shows explaining the
importance of proper estate planning. Prosperity Productions selected Mr. Parman as a featured
speaker in a nationally-recognized educational video on Living Trusts. He is the author of numerous
published articles on financial and estate planning matters and the co-author of two books, Estate
Planning Basics: A Crash Course in Safeguarding Your Legacy and Guiding Those Left Behind in
Oklahoma: Settling the Affairs of Your Loved Ones.
Mr. Parman is a member and Fellow of the American Academy of Estate Planning Attorneys. He is also
a member of the Oklahoma and Missouri Bar Associations, the American Bar Association, and the
Oklahoma City Estate Planning Council.
www.ParmanLaw.com
OVERLAND PARK, KS
10740 Nall Avenue, Suite 160
Overland Park, KS 66211
Phone: (913) 385-9400
Fax: (913) 385-9422
Estate and Inheritance Taxes on Kansas and Oklahoma – Part 1
OKLAHOMA CITY, OK
13913-B Quail Pointe Drive
Oklahoma City, OK 73134
Phone: (405) 843-6100
Fax: (405) 917-7018
www.ParmanLaw.com
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