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Your estate will have to pay estate taxes if its net value when you die is more
than the “exempt” amount set by Congress at that time.
Year of Death “Exemption” Amount
2006-2008 .................... $2 million
2009 ........................ $3.5 million
2010 ....... N/A (estate tax repealed)
2011 and thereafter ........ $1 million
While these limits seem high, they affect many more estates than most people
realize. When calculating your net worth for estate tax purposes, you have to
take into account almost all of your assets. This includes homes, boats, cars,
IRAs, and life insurance "owned" by you. Due to California real estate
making huge increases in value over the last
10 years, many people are potentially exposed to estate taxes that never would
have been before.
More advanced techniques utilize Irrevocable and Grantor Retained Trusts, Family
Limited Partnerships and Fractionalized Interests, Charitable Trusts, Life
Insurance techniques, and various other tactics |

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Techniques used to avoid estate taxes involve various
different scenarios. The two most powerful
techniques
are appropriate use of yours and your spouse's
lifetime exemption, and the use of yearly gift
exemptions, (currently 12,000 per person gifted.) One
of the simplest techniques people can utilize is making
annual gifts to their loved ones. If these gifts
fall under the 12,000 dollar exemption, no estate or
gift tax has to be paid on the transfer. However,
many people feel uncomfortable with this technique
because they do not like giving up control of their
funds or they are concerned with the "financial
sense" of those they are gifting to.
Another common, and relatively uncomplicated
technique, is the use of an AB or Q-TIP Trust. Such
trusts are appropriate for married couples. These
techniques utilize the unlimited exemption between
spousal gifts, as well as utilizing each spouses
individual lifetime exemption amounts. Proper use of
this technique can allow a couple to utilize their
assets during life, and still "shelter" millions of
dollars at their death.
Federal estate taxes are expensive—the rate is 46% in
2006, 45% in 2007 and 2008—and they must be paid in
cash; usually within nine months after you die. Since few estates have this kind of cash, assets often have to be
liquidated. By planning ahead, however, estate taxes can be substantially reduced
or even eliminated.
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It is important to note that estate taxes are different from, and in addition
to, probate expenses, (which can be avoided with a revocable living trust,) and
final income taxes, (on income you receive in the year you die.) However, most
people can avoid these "death taxes" altogether by use of proper estate and tax
planning.
More Detail on Various Advanced
Estate Planning Techniques.
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