Are legal fees for attorney tax deductible?

Are attorney fees for estate work tax deductible for the deceased's widow?

  • 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?

  • Answer:

    The estate gets the deduction.

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Other answers

No, but the ARE deductible by the estate if the estate is large enough to have a tax liability.

Bostonian In MO

Nope. Perhaps the estate can deduct them, however.

Bill

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.

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