Document Type

Article

Publication Title

Estate Planning

Publication Date

4-2005

Abstract

This article will explore some planning steps which may be considered for married individuals domiciled in a state having an exemption which is less than the federal exemption. This problem may "disappear" (or may be reduced) in 2011, when the changes to the Internal Revenue Code made by EGTRRA "sunset (i.e., at the time, pre-EGTRRA provisions become effective, resulting in the restoration of the state death tax and the reduction in the federal estate tax exemption to $1 million). In other words, in many cases, the problem attributable to the smaller state estate tax exemption relative to the federal exemption are only temporary.

Comments

Authors suggest a number of innovative planning strategies (such as an additional QTIP trust) for married individuals domiciled in a state that has an estate tax exemption which is less than the federal exemption.

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