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.

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

Irrevocable Life Insurance Trusts: A Strategic Tool for Legacy and Estate Planning

Learn how irrevocable life insurance trusts (ILITs) can help families manage estate planning goals, provide liquidity, and support multigenerational wealth transfer strategies. For families focused on preserving wealth across generations, estate planning often involves more than drafting a will or updating ...

<p>The post Irrevocable Life Insurance Trusts: A Strategic Tool for Legacy and Estate Planning first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

The Hidden Cost of a Disjointed Financial Portfolio

Many families and business owners unknowingly create financial inefficiencies by spreading investments and insurance across multiple advisors and institutions. Learn why coordinated financial oversight matters. Successful business owners and high-net-worth families often accumulate financial accounts over time. A retirement account here. A brokerage relationship there. ...

<p>The post The Hidden Cost of a Disjointed Financial Portfolio first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Tax Traps to Avoid in Your 30s, 40s, and 50s

Avoid costly tax mistakes in your 30s, 40s, and 50s with practical financial planning strategies designed for business owners, professionals, and families building long-term wealth. Tax planning is not a one-time exercise. As your income, investments, business interests, and family responsibilities evolve, ...

<p>The post Tax Traps to Avoid in Your 30s, 40s, and 50s first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>