Thanks, But No Thanks. State Estate Taxes & Disclaimer-Based Approach

May 5, 2014

Twenty-one states have their own estate taxes, including New York and New Jersey. Many of these states have exemption amounts beneath the federal exemption, so it’s worth factoring in state estate taxes in your overall estate planning process.

Thanks But No Thanks State Estate Taxes & Disclaimer-Based Approach
(Photo Credit: rgbrenner.com)

One way for married couples domiciled in those states with it’s own estate taxes to plan is to use the disclaimer-based approach. A disclaimer refers to a refusal by a beneficiary of a gift transferred to that beneficiary during life or at the time of death through a will, trust, or another mechanism.
The government makes a distinction between “nonqualified” and “qualified” disclaimers.

Using a disclaimer-based approach, the residuary estate passes on to the surviving spouse in a plan that provide that if the surviving spouse disclaims the interest, those assets will pass to a disclaimer credit shelter trust. This approach can add an element of flexibility to planning by empowering the spouse to make any needed changes. The surviving spouse will need to execute a disclaimed within nine months of the date of death. In order to ensure that you are prepared to use this disclaimer, work with an estate planning attorney to learn more. For all your complex estate planning, contact us at info@lawesq.net or via phone at 732-521-9455 to get started.


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

Are You Ready for Tax Season? Smart Strategies to Stay Ahead in 2026

Tax season is here—are you prepared? Discover key strategies for high earners, business owners, and legacy-minded families to reduce stress, optimize returns, and align with ...

<p>The post Are You Ready for Tax Season? Smart Strategies to Stay Ahead in 2026 first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

New Year, Smarter You: Resolutions That Build Wealth and Protect Your Legacy in 2026

Turn your New Year’s resolutions into action. Discover how to align tax, wealth, and legacy planning with your goals for 2026—and build a future worth ...

<p>The post New Year, Smarter You: Resolutions That Build Wealth and Protect Your Legacy in 2026 first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Charitable Giving After OBBBA: What High-Income Families and Business Owners Need to Know

The One Big Beautiful Bill Act (OBBBA) changes how charitable donations are treated for tax purposes. Here’s what affluent families and entrepreneurs need to know ...

<p>The post Charitable Giving After OBBBA: What High-Income Families and Business Owners Need to Know first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>