Preview

Estate Taxes Persuasive Essay

Good Essays
Open Document
Open Document
445 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Estate Taxes Persuasive Essay
When planning your estate, it’s important to understand that avoiding probate does not eliminate or reduce estate taxes. Although avoiding probate may reduce or eliminate estate income taxes, avoiding probate doesn’t have any effect on estate taxes. In fact, avoiding probate and avoiding estate taxes are two unrelated concepts. The following is an overview of the two concepts: Avoiding Probate

Avoiding probate is a strategy used to pass the decedent’s property directly to the beneficiaries without going through the probate court. Most common estates (smaller estates that are less than the exclusion amount that triggers the estate tax) use probate avoidance methods for the following reasons: 1) By avoiding probate court, property of the decedent is distributed to the beneficiaries quicker than if they had to wait for the probate process to end, which is usually a year depending on state law. 2) By using probate avoidance methods on assets that earn income after death, the income earned on those assets are the property of the beneficiary and taxed to the beneficiary. Therefore, estate income tax liability is either eliminated or reduced.

For more on avoiding probate, refer to the following articles:
Tips to Avoid Probate in your Estate Plan.
Commit Enough Assets to Cover Expenses in Your Estate Plan.
Tips to
…show more content…
The IRS doesn’t care about the probate court or probate avoidance methods on assets. For the purpose of assessing an estate tax, the IRS looks at the gross value of the estate. The gross value is calculated by totaling the value of all property belonging to a decedent, including property in a revocable trust, regardless of how the property is titled. Fortunately, common estates don’t have to worry about estate taxes because the gross value of the estate is less than the exclusion amount that triggers the estate tax. So, estate taxes concern only the large

You May Also Find These Documents Helpful

  • Good Essays

    First of all I would advise them to open a Revocable Living Trust for Willis and one for Wanda and a children’s trust with a spend thrift clause to keep the children from spending their inheritance foolishly. Trust funds up to $5,120,000 are excluded from the estate taxes, so I would fund Wanda’s trust to that amount and, fund Willis’ trust with the rest. This would give them lower estate taxes because they would not be paying on the total amount. These trusts will also avoid probate when the time comes. I would have the children listed as…

    • 780 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    1) The gift tax is a wealth transfer tax that applies to transfers during a person's lifetime and transfers at death.…

    • 9691 Words
    • 37 Pages
    Satisfactory Essays
  • Powerful Essays

    References: Anderson, K. E., Pope, T. R., & Kramer, J.L., 2010, Prentice Hall’s Federal Taxation 2010: Corporations, partnerships, estates, & Trusts, 23rd Ed, Upper saddle River New Jersey, Prentice Hall…

    • 642 Words
    • 3 Pages
    Powerful Essays
  • Better Essays

    Hodel Vs Irving Summary

    • 4767 Words
    • 20 Pages

    5. Halbach - Inheritance is the least objectionable means to deal with property at death. Tax levels are going up to over 3 million by 2010, infinite by 2011…back to 1 million by 2012 (because congress didn’t have the votes for permanence)…

    • 4767 Words
    • 20 Pages
    Better Essays
  • Good Essays

    State Intestacy Case Study

    • 3050 Words
    • 13 Pages

    State intestacy laws usually do not provide for asset transfers ro non-relared parries, including rhe surviving…

    • 3050 Words
    • 13 Pages
    Good Essays
  • Satisfactory Essays

    • The “Catchall Provision” of Internal Revenue Coded states the general rule that the gross estate includes the value of all property interests, real or personal, tangible or intangible. Under Section 2033, the decedent’s estate includes any interest in real estate, cash or money equivalents, whether kept in a bank, savings or checking account, certificates of deposit, money market funds, or a safe-deposit box. The gross estate also includes any stocks, bonds (including tax-exempt bonds), notes and mortgages owned by the decedent. Therefore, the full values of the following assets are included in Scott’s gross estate under IRC Sec. 2033 since he is the sole owner:…

    • 780 Words
    • 4 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Estate Tax Return

    • 384 Words
    • 2 Pages

    Typically, calculating a distribution from a will, in a common estate, is a result of poor estate planning. If an executor needs an analysis pad to figure out a distribution involving many beneficiaries, the estate plan has the following flaws:…

    • 384 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Notes on Trusts and Estates Law

    • 24793 Words
    • 100 Pages

    ii) gift tax prevents the use of inter vivos transfers to get around inheritance restrictions…

    • 24793 Words
    • 100 Pages
    Powerful Essays
  • Satisfactory Essays

    Its election does not affect the income tax basis of property included in the gross estate.…

    • 1139 Words
    • 5 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Definition – the law of Trust determines the relationship among trustee, trustor and beneficiaries over the property. Trustor means owner of the property, which enjoys extended bundle of rights over his property. Trustee is a person who manages the property. Beneficiary: A beneficiary is anyone who receives benefits from any assets the trust owns.…

    • 1106 Words
    • 5 Pages
    Satisfactory Essays
  • Good Essays

    “ If a passenger is so large that they take up two seats, they should have to pay for that. It’s economics.” Teresa Hamilton stated on the Enstars Article. The same is true if you want extra sauce at Chick-fil-a, extra space in a new home, or more anything anywhere you have to pay for it! Larger people should have to pay more for plane tickets because they sometimes tend to have a strong odor. Also, the person that has to sit next to the awkwardly big human may be uncomfortable, larger people have a probability of taking up more than one seat.…

    • 498 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Adms 2610 Notes

    • 28633 Words
    • 97 Pages

    Def’n- law developed by the church courts to deal with matters falling in their jurisdiction…

    • 28633 Words
    • 97 Pages
    Powerful Essays
  • Satisfactory Essays

    A will is a document that states how a person intends to distribute their property and assets after their death, on many occasions during a marriage, spouses will write wills that leave property for their spouse. Under Section 13 of the Succession Act 2006 (NSW), a divorce or an annulment of a testator’s marriage will deem any beneficial disposition for the former spouse to be void. The presence of this section can be incredibly effective as spouses may pass before getting the opportunity to amend their wills. As wills are made in anticipation of the marriage, the Succession Act ensures that the change in the relationship status reflects how the will is handled in the event that the testator passes before they are able to change their will. This ultimately achieves justice for the testator for it is highly likely that they would not have wanted their previous spouse to have inherited their property as they are no longer in a relationship.…

    • 1148 Words
    • 33 Pages
    Satisfactory Essays
  • Powerful Essays

    Trust Law

    • 21170 Words
    • 85 Pages

    Incomplete description; trusts can arise where one person is legally obligated to hold an asset for a specified purpose and not for an individual person…e.g. trusts for charitable purposes (don’t raise obligations to benefit any one person as such, but raise benefits for a specific purpose).…

    • 21170 Words
    • 85 Pages
    Powerful Essays
  • Powerful Essays

    Persuasive Essay - Tithing

    • 1592 Words
    • 7 Pages

    Fear of giving money to the wrong place, to the wrong person, or for the wrong reasons.…

    • 1592 Words
    • 7 Pages
    Powerful Essays