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Inheritance
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What to Do When You Receive an Inheritance

You just inherited assets. Now protect them.

What you do in the first year determines whether your inheritance stays protected — or becomes exposed to taxes, creditors, and divorce.

What to do when you receive an inheritance

Start with the good news: an inheritance is not taxable income. You do not report it, and you do not owe federal tax on it. Federal estate tax only reaches estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jul 13, 2026View source, so it almost never touches the family. The taxes that do exist are narrower than people fear — 5 states levy an inheritance tax on what beneficiaries receive, and 12 impose a state estate tax on the estate itself.

The rule that saves you the most money is the step-up in basis: an inherited asset's cost basis is reset to fair market value on the date of death26 USC § 1014Verified Jul 13, 2026View source. Sell your parent's stock or house shortly after their death and the decades of appreciation they built are simply never taxed to you. What makes this real is documentation — get the date-of-death value recorded before you sell, because that number is your basis and you will need to prove it.

The one thing that genuinely bites is an inherited retirement account. Money coming out of it is ordinary income, and under current rules most non-spouse beneficiaries must empty the account within ten years of the owner's death — with, in many cases, required withdrawals along the way. Miss a required distribution and there is a penalty. This is the part worth getting right before you touch anything.

What you need to know

1

Understand what you've received

Is it cash, real estate, retirement accounts, or a share of a trust? Each has different rules for how it's taxed, titled, and protected.

2

Don't commingle

Depositing inherited funds into a joint account can convert them from separate property to marital property. If asset protection matters, keep them separate.

3

Watch the tax rules

Inherited IRAs have strict distribution timelines (often 10 years). Miss a deadline and you could face penalties.

4

Update your own plan

Your inheritance may change what you're passing on. Review your trust, beneficiaries, and estate structure.

5

Document the source

Keep a paper trail showing what you inherited, when, and from whom. This protects you if someone later claims the assets were marital or owed.

6

Consider a trust

If your inheritance is substantial, placing it in a trust can provide asset protection, tax efficiency, and clear succession.

Your inheritance checklist

Get a complete inventory of what you've inherited and how each asset is titled

Open a separate account for inherited cash — do not commingle with joint funds

If you inherited an IRA or 401(k): confirm the distribution rules that apply to you

If you inherited real estate: decide whether to keep, sell, or transfer into your trust

Document the date-of-death value for each asset — this is your stepped-up basis

If you're a trust beneficiary: get a copy of the trust and understand your rights

Update your own trust to reflect your changed estate

Update beneficiaries on your retirement accounts and life insurance — check what's on file

Check if estate taxes apply to your inheritance — use our calculator

Consult a tax professional before selling inherited assets or taking distributions

Frequently Asked Questions

Generally, no. An inheritance is not taxable income and you do not report it. Federal estate tax only applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jul 13, 2026View source, and it is the estate's bill, not yours. Three real exceptions: distributions from an inherited retirement account are ordinary income when you take them; income the assets go on to produce (interest, dividends, rent) is taxed to you like any other income; and 5 states levy an inheritance tax directly on beneficiaries, usually at rates that depend on how closely related you were. Check what your state does.

When you inherit an asset, your cost basis is reset to fair market value on the date of death26 USC § 1014Verified Jul 13, 2026View source — not what the deceased originally paid. If your parent bought stock for $10,000 and it was worth $100,000 the day they died, you inherit it at $100,000; sell at $100,000 and you owe no capital gains at all. Thirty years of appreciation vanishes from the tax base. This is the single largest tax break most families ever receive, and claiming it requires one thing: a date-of-death valuation, obtained before you sell. Estimate yours with the step-up basis calculator.

Don't commingle it. Open a separate account in your name alone, keep records showing the source, and don't deposit it into joint accounts or use it to buy jointly-titled property. Once it's mixed, it's hard to unmix.

It depends on when the original owner died and your relationship to them. Spouses have the most flexibility. Non-spouse beneficiaries who inherited after 2019 generally must empty the account within 10 years. Miss the deadlines and you'll owe penalties.

Usually, yes — if you want them to avoid probate when you die. But think before you retitle. Some inherited assets (like an inherited IRA) can't go into a trust. Others may lose creditor or divorce protection if retitled incorrectly. Know what you have before you move it.

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