We said it yesterday, the waiting is over and now is the time to review your existing will and trust documents.
A “contingent” formula clause is the best way to avoid unintended results on how estate assets are allocated.
So called “disclaimers” are another way to “fix” estate plans to avoid unintended consequences. Disclaimers can be complicated, and you need to cover that with a good estate planning attorney.
Here are some other things to consider as well.
Don’t forget that many states still have a state inheritance tax. The state inheritance tax not only applies to residents in those states, but also to anyone who owns property in a state with an inheritance tax.
We also have new “basis” rules on inherited property for income tax purpose. As the law currently stands, an heir will now recognize capital gain on the sale of inherited assets, based on the decedent’s “cost basis” in the asset.
That cost basis is generally the amount that was originally paid for the asset, regardless of how along it was purchased. Good luck trying to find out Mom or Dad’s cost basis on stock purchased 10, 20 or 30 years ago.
There is a new limited $1.3 million “step-up” election for non spousal transfers. The step up effectively reduces the amount subject to capital gains taxes when the asset is eventually sold.
And there’s an additional $3 million basis adjustment available for property inherited by a spouse.
It’s important to plan for how the limited $1.3 million “allowable basis adjustment” is allocated among estate assets, and that’s something you should address with your tax advisors.
We’ll see what eventually happens with the estate tax and the new basis rules.
But now’s the time for “contingency planning” to make sure you avoid unintended results and maximize after tax inheritances.
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