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Pepperdine University School of Law

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Sunday, December 26, 2010

Married Couple's Guide to the New Estate Tax Law

Forbes: Married Couple's Guide to the New Estate Tax Law, by Deborah L. Jacobs:

Questions and answers on the new $10 million per couple federal estate tax break.

Wills, Trusts & Estates Prof Blog: Answers to Married Couples' Questions About New Estate Tax Law, by Gerry Beyer (Texas Tech):

  • Does [portability] help me if my spouse died years ago?
  • Does portability apply to lifetime gifts as well as assets that pass through an estate plan?
  • Is portability automatic?
  • Is the amount that's portable adjusted for inflation?
  • Can I use my exemption instead to provide for children from a previous marriage?
  • Is this a subject that should be covered in prenuptial agreements?
  • Does portability also apply to the exemption from generation-skipping transfer tax?
  • Do I still need a bypass trust?
  • Is portability here to stay?

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