Estate Planning Strategies
• Marital Deduction - unlimited
• Maximizing effect of unified gift-estate tax credit
• Reduce estate by gifts prior to death
The Martial Deduction
• Marital deduction applies only to the part of the estate that actually passes to the spouse.
• If a person dies "intestate" the estate is distributed according to laws in the state in which the person lived.
− In many states, a spouse receives 1/3 and 2/3 is divided equally among the children. − This distribution deprives the estate of the full benefit of the marital deduction.
• Taking advantage of the marital deduction may require specific provisions in the will.
Maximizing the Effect of Unified Gift-Estate Tax Credit
• Although the unlimited marital deduction will protect an entire estate from the federal estate tax, the spouse’s estate (including amounts received from the first partner to die) will be subject to the federal estate tax.
− Property left to a surviving spouse becomes a part of the spouse's estate and will be taxed without marital deduction when he or she dies.
− Strategy: arrange for the distribution of that estate in a manner that will maximize the use of the unified estate-gift tax credit.
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