Estate Planning for Married Couples

February 6, 2013

In light of the fiscal cliff bill, a recent article in Forbes offers some estate planning advice for married couples.

One important item made permanent by the fiscal cliff bill was portability, the ability for a widow or widower to increase their $5.25 million tax-free amount by the unused exemption of their recently deceased spouse. When using the two exclusions in tandem, a widow or widower can potentially transfer up to $10.50 million tax-free.

Regardless of portability, spouses are able to transfer unlimited funds to each other both during life, as well as part of their respective estate plans. This is known as the marital deduction. Without portability, however, the first spouse’s tax exemption is often lost when the second spouse dies. Careful tax planning maneuvers, such as bypass or credit-shelter trusts, are often used to avoid this problem.

With the extension of portability, spouses who qualify will not have to create bypass or credit-shelter trusts for the sole purpose of preserving their deceased spouse’s federal exemption amount. The extension of portability only applies to spouses who died after December, 31, 2010. It is important to remember that portability is not automatic. In order to utilize this tool, an estate planner will have to assist you in transferring the unused exemption to the surviving spouse.

Enhanced by Zemanta

Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Careers/Open Positions

Explore all available job
listings and become a part of an amazing team.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

Holiday Visits Are the Perfect Time to Check In on Retired Parents—Here’s What to Look For

Make the most of your holiday visit by checking in on your retired parents’ well-being, financial health, and estate planning. Here’s what to review while you’re together. Use the Holidays to Ensure Your Parents’ Well-Being—Financially and Otherwise The holidays are a time for celebration, family meals, and meaningful reconnection—but they’re ...

<p>The post Holiday Visits Are the Perfect Time to Check In on Retired Parents—Here’s What to Look For first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Understanding How Annuities Are Taxed: What Retirees and Legacy Planners Need to Know

Learn how annuities are taxed based on type, payout structure, and ownership—essential insights for retirees, estate planners, and beneficiaries. Annuity Taxation Explained: A Guide for ...

<p>The post Understanding How Annuities Are Taxed: What Retirees and Legacy Planners Need to Know first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Investing Across Generations: What We Can Learn from Baby Boomers to Gen Z

Discover how different generations invest, what influences their financial decisions, and how you can use these insights to build a smarter investment strategy. From Boomers to Gen Z: Lessons in Investing Across the Generational Divide Every generation has its own approach to money, shaped ...

<p>The post Investing Across Generations: What We Can Learn from Baby Boomers to Gen Z first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>