Clawback Has No Teeth

[This article was originally published on 2/23/2012 as Steve Leimberg’s Estate Planning Newsletter #1929.] Practitioners continue to express concerns about the possible “clawback” of tax benefits if a taxpayer uses the current $5,000,000 federal gift and estate tax exclusion amount...

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Complications from Changes in the Exclusion

[This article was originally published on 1/31/2011 as Steve Leimberg’s Estate Planning Newsletter #1768] The new tax act [Tax Relief, Unemployment Insurance Reauthorization, and Jobs Creation Act of 2010] provides a gift and estate tax exclusion of $5,000,000, and many...

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Intestate Succession

When a person dies without a will, or dies with a will that does not have a residuary clause or does not dispose of the decedent’s entire estate, then the part of the decedent’s estate not disposed of by a...

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Who is the “Executor” for Tax Purposes When There is No Executor?

The executor or administrator of a decedent’s estate is required to file the estate tax return for the estate (I.R.C. § 6018(a)) and is liable for the resulting tax (I.R.C. § 2002), and is required to file the decedent’s income...

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