The Economic Growth and Tax Relief Reconciliation Act of 2001 considerably changed the laws governing national tax laws. While many of the changes impacted income taxes, they also affected federal estate and gift taxes. Because of the law, the Federal estate tax will be repealed in 2010 and then brought back the following year, unless Congress decides to extend the repeal. The reinstatement of the law in 2011 will bring back the Federal Estate tax to the way it was before the law was enacted. A skilled Estate Planning attorney can explain how these changes could impact you.
There are other changes that are being phased into the law and could affect you estate. These include:
All property, as well as certain powers, that a person has at the time of his or her death are subject to tax. Even things that were not affected by taxes during your life can and will be taxed at your death and could be taken from your estate. Your estate pays the estate tax; it is typically paid by the estate of the decedent before property is distributed to the beneficiaries of the estate. within certain limited exceptions, the estate tax is due within nine months following your death.
Finally, it should be noted that the unlimited marital deduction, qualified charitable organization deduction, and unified transfer tax credit enable most estates to be distributed without incurring any federal estate tax. There are numerous ways in which you can structure your estate to take advantage of available exclusions, exemptions, credits and deductions so as to minimize the negative impact of taxes. An experienced estate planning attorney can guide you through this process.