Document Type


Publication Title

Journal of Taxation

Publication Date



Estate planners must now evaluate all estate plans in light of the new tax rules, the increased exemptions and lowered rates, and other features of the new law. They must determine how to change existing estate plans to address the opportunities offered by these changes and the problems they create. This additional level of complexity will alter the utility and features of most estate planning documents, render certain estate planning tools irrelevant, and render other estate planning tools especially important. Nevertheless, in determining what planning changes should or should not be made, it is critically important that practitioners realize that the changes expire at the end of 2012. There is no certainty that they will be extended beyond then. That makes dealing with the changes especially challenging.