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Estate Tax Planning

For individuals with a large number of valuable assets, the concept of estate looms large over their end-of-life preparations. After a lifetime of accruing wealth and assets, few people would rather see it fall to the government instead of into the hands of their beneficiaries. For this reason, estate tax planning is an essential part of end-of-life preparations.

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McLaughlin Legal, APC

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17 years in practice
Advance Healthcare Directives, Business Taxes, Criminal Tax Litigation, Estate Administration, Estate Planning
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Silvio M. Silvi, Attorney at Law

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40 years in practice
Advance Healthcare Directives, Commercial Real Estate, Elder Law, Estate Administration, Estate Planning
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The Marques Law Firm, PLLC

4 years in practice
Advance Healthcare Directives, Business Contracts, Business Law, Business Taxes, Contract Law
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McLaughlin Legal, APC

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17 years in practice
Advance Healthcare Directives, Business Taxes, Criminal Tax Litigation, Estate Administration, Estate Planning
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Southron Firm, P.A.

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13 years in practice
Advance Healthcare Directives, Bankruptcy, Binding Contracts, Breach of Contract, Business Arbitration
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Alejandro Hernandez - Wealth Advisor and US Tax Lawyer

25 years in practice
Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Federal Taxes, Income Tax
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Minimizing Post-Life Expenses

There are a number of ways to avoid an unduly burdensome estate tax. Most tax attorneys will work with clients to get their gross taxable estate below the annual exemption through financial structures and exemptions.

Annual Exemption

Every year the annual estate tax exemption is published. This exemption marks the upper limit of estate valuation that is ineligible for estate taxation. In 2023 the estate tax exemption was $12.92 million for single people and $25.84 million for couples. If an estate is completely within the annual exemption limit, there is no estate tax levied.

However, even if the estate tax amount exceeds this exemption, not all of the estate is taxable. Under federal estate tax law, only the value of assets that are beyond the exemption may be taxed. For example, if a single person passed away in 2023 with a gross estate worth $20.92 million, only the $8 million that exceeds the exemption would be taxable.

Financial Structures & Exemptions

Since the goal is to minimize the taxable portion of the estate, a clever tax attorney will take advantage of a variety of methods to delay the time that an asset will be taxable or even prevent it from being taxed altogether. Two common methods of reducing the financial worth of an estate are trusts and familial exemptions.

Trusts are financial organizations in which someone giving assets (the grantor) relinquishes ownership of an asset or set of assets and puts them into the care of a third party (the fiduciary). The fiduciary grows or maintains the assets until such a time as the person meant to receive the assets (the beneficiary) can do so. Because the grantor relinquishes ownership of their assets when the trust is created, those assets are not counted as part of the grantor’s estate and therefore reduces the taxable estate of the grantor.

Familial exemptions are another way to reduce an individual’s taxable estate. Most commonly, this takes the form of one spouse bequeathing a certain amount of assets to their spouse. This technically only delays the payment of taxes on those assets though it does have the immediate result of reducing the dying spouse’s taxable estate. Typically assets transferred in this manner are counted as gifts or are otherwise non-taxable since giving assets to a spouse is not seen as a financial transaction in most cases.

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Giving You The Best Take-Home Rate

If you are seeking to navigate the complexities of estate tax planning, you will need the help of an experienced tax law attorney. A tax law attorney is able to focus completely on your case, zealously advocate for your interests, and get you the best possible outcome.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice tax law.

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Estate Tax Planning Frequently Asked Questions

1. What is estate tax planning and why is it important?

Estate tax planning refers to the act of creating a contingency for minimizing the amount of financial liability owed to state or federal governments upon the death of an individual. Estate tax planning is not necessary for everyone, but for those with high asset value, it can be a worthwhile investment of time and effort. 

2. How does estate tax planning differ from other types of tax planning?

Unlike typical tax planning which occurs periodically or annually, estate tax planning is in preparation for a single taxation event. An additional difference is that estate tax planning prepares for an event that will occur after the filer has died, preventing any off-the-cuff adjustments when the time comes to execute the plan.

3. What are the current estate tax laws and thresholds?

While state estate tax levels vary from state to state, with some states even having no state estate tax, the federal estate tax exemption for 2023 is $12.92 million for single people and $25.84 million for couples. This means that anyone with less than that amount in assets will be exempt from estate taxes and for those who are not exempt, the first $12-25 million of assets will not be considered when calculating estate tax.

4. What strategies and tools are available to minimize estate taxes?

One of the most common ways to reduce estate taxes owed is to take advantage of deductions, exemptions, and auxiliary financial structures. Some exemptions may involve leaving assets to spouses or children in ways that make those assets non-taxable. Examples of auxiliary financial structures include trusts, in which the grantor disavows any claim to assets and instead puts them in the care of a fiduciary with the ultimate goal of passing the assets to the beneficiary upon the death of the grantor.

5. What are the potential consequences of not engaging in estate tax planning?

In the event that someone passes without an estate tax plan,  even if they have a will, if they have a sufficiently large valuation of assets then the government will take a portion of the assets before they can be allocated to the beneficiaries. If a will has been created then certain specific assets can be set aside to not be seized, but if the estate tax bill is high enough, even some of these protected assets may not be safe when the bill comes due. Ideally, individuals with high asset values will consult with a tax law attorney in order to fully explore their options of circumventing undue estate taxes.

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