LAWYER FEES FOR PROBATE

[49ermom]

I inherited my grandpa's estate and had to evict his friend who refused to leave.  I know I can deduct that part for lawyer fees, but my grandpa's son is now fighting the will and we have to go to court to fight probate are these lawyer fees dedudctible.

[bwa]

 Legal fees are generally not deductible. There are two significant exceptions

• Legal fees are deductible if incurred to determine or collect any tax liability.
• Legal fees are deductible if the suit is to secure taxable income.

Because of those criteria, your legal fees would not be deductible.

Legal fees to evict his friend would not be deductible by you.  They may be deductible by the Estate but if so, they would be deducted on the Estate's income tax return (form 1041) if required to file one.