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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 N/A (estate tax repealed)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


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.
 


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.