The Essentials of Planning Before & After Death

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Pre-mortem planning must address a range of issues that in many cases differ from those traditionally focused on by practitioners. Monitoring and properly exercising swap powers is critical for clients with irrevocable grantor trusts. Making gifts to use remaining gift and GST exemption may be warranted. For clients whose estates may be taxable maximizing discounts may be called for. While for smaller estates revising FLP and LLC governing documents to minimize or eliminate discounts might instead be preferable. Post-mortem planning varies significantly for decedents subject to an estate tax and those who are not. Positions on valuation discounts and estate inclusion or not may differ based on the size of the estate. Addressing portability, Form 8971, closing letters, estate tax deferral and many other planning considerations are reviewed.

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