Jones v. German
Jones v. German
Opinion of the Court
In this appeal, plaintiff Ruth Bell Jones is the daughter of Gladys Bell German who received a benefit (until her death) from a Qualified Terminal Interest Property (QTIP) Trust established by her
We summarize our holding in this case as follows: Under North Carolina law, a devisee has an obligation to pay the tax assessed on the property transferred to him by Will, unless otherwise directed by a contrary testamentary provision. Pulliam v. Thrash, 245 N.C. 636, 639, 97 S.E.2d 253, 255 (1957); Cornwell v. Huffman, 258 N.C. 363, 369, 128 S.E.2d 798, 802 (1963).
The underlying facts in this matter show that Finley L. German died testate establishing by his Will a QTIP Trust in which his estate ultimately placed $946,775.00 for the benefit of his wife, Gladys Bell German, until her death. At her death, the property remaining in the trust was to be distributed to Mr. German’s children from another marriage, John W. German and Anita German Denius. Gladys Bell German died on 19 April 1999; thereafter, Ruth Bell Jones (as executor for her estate) brought this declaratory judgment action to determine whether defendants or the Estate of Gladys Bell German must pay the North Carolina Estate Tax on the residuary assets of the QTIP Trust. From the trial court’s judgment in favor of the Estate of Gladys Bell German, defendants appeal.
On appellate review of a declaratory judgment, this Court must uphold a trial court’s findings of fact in a trial without a jury if sup
Initially, we note that the parties in this case agreed on a statement of facts and that the trial court’s findings of fact are essentially a recital of the procedural history of this case. Accordingly, we find the trial court’s findings of fact are supported by competent evidence. Thus, the issue on appeal is whether these findings of fact support the conclusion that the defendants should pay the estate taxes on the assets of the QTIP Trust.
In general, under North Carolina case law (now codified by N.C. Gen. Stat. § 105-32.3(a)) devisees have an obligation to pay the tax assessed on the property transferred to them by Will. Pulliam v. Thrash, 245 N.C. 636, 639, 97 S.E.2d 253 (1957); see also N.C. Gen. Stat. § 105-15, 105-18, 105-20 (1995). In this case, John W. German and Anita German Dermis received the remaining assets from a QTIP Trust through a devise made by Finley L. German in his Will. Thus, since they received their assets from the QTIP Trust from a transference under Finley L. German’s Will, under the general rule, they are responsible for the estate taxes assessed against the property they received.
Moreover, our case law also allows a testator to change the party responsible for any estate tax liability. See Cornwell v. Huffman, 258 N.C. 363, 369, 128 S.E.2d 798, 802 (1963); see also Buffaloe v. Barnes, 226 N.C. 313, 38 S.E.2d 222 (1946); Craig v. Craig, 232 N.C. 729; 62 S.E.2d 336 (1950). In the case sub judice, Finley L. German’s Will directed,
all transfer, estate, inheritance, succession and other taxes in the nature thereof becoming payable because of my death, with respect to properties constituting my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid entirely out of my residuary estate and that no part of said taxes shall be apportioned or prorated to any legatee or*424 devisee under this Will or any person owning or receiving any property not passing under this Will.
Thus, by the terms of his Will, Finley L. German directed all of his estate taxes to be paid entirely out of his residuary estate. Since the defendants are the co-executors and sole remaining beneficiaries under the Estate of Finley L. German, we find no error in the trial court’s judgment directing them to pay the estate taxes arising from the remaining QTIP Trust assets.
Affirmed.
. Effective January 1, 1999, and applicable to the estates of decedents dying on or after that date, N.C. Gen. Stat. § 105-32.3(a) states: “A person who receives property from an estate is liable for the amount of estate tax attributable to that property.” Because Finley L. German died before 1999, .that statute does not apply to the resolution of the issue in this case.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.