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Articles Posted in Estate Tax

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Effective Ways to Shift Future Appreciation from a Taxable Estate – GRATs and IDGTs

Large estates may be subject to the federal estate tax, which in 2023 applies a 40% tax on all wealth exceeding $12.92 million for individuals, or $28.94 million for married couples. High-net worth individuals often seek ways of reducing their estate tax liability on their already-amassed wealth, which is frequently…

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Gifting property during life vs. after death: which is better?

The estate tax, commonly referred to as the “death tax,” affects only certain estates with a taxable value beyond a set figure. For 2023, any estate exceeding a taxable value of $12.92 million is taxed at a rate of 40.00%. While this does not give cause for concern to the…

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Avoid Intestacy and Probate

Estate planning 101 from the late Tony Hsieh, CEO of Zappos             Tony Hsieh was the CEO of Zappos for over twenty years before retiring and taking up a series of different business ventures. Zappos is an online retailer that deals specifically with shoes and clothing on an international sale.…

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Your legal responsibilities as a named personal representative in estate planning documents

Est. of Pounds v. Miller & Jacobs, P.A., No. 4D21-1362, 2022 WL 39211 (Fla. 4th DCA 2022). If a will does not specify who should serve as personal representative of an estate, parties can fight over this position through litigation. But what happens if one person obtains a settlement on…

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Do It Yourself Wills in Florida – be very cautious

DIY Estate Planning: Can I Make a Will Myself? While a steady drive towards technology has been growing for decades, the onset of the COVID-19 pandemic tremendously increased our reliance on technology, effectively changing the the way we do nearly everything, including estate planning. Do-It-Yourself (DIY) online services offering legal…

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Elective Share – what is it and why should you learn more about it?

How does Florida’s Elective Share Affect my Estate Plan? Part One. What is an “Elective Share”? In situations where the decedent’s will has left their surviving spouse very little, or nothing, Florida law protects surviving spouse’s in two major ways: The Elective Share and Homestead. While both of these laws…

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Inheriting real estate property in Florida? Here’s what you need to know

Should I disclaim my Inheritance? When It’s Right to Say No Florida law allows a beneficiary to “disclaim” any interest in or power over property that has been left to them. A disclaimer is a legal tool to refuse the acceptance of an interest in or a power over a…

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“Step-Up in Basis”, a tax law, is it fading away? What you need to know in 2021-2022

Biden’s Tax Proposal and the “Step-Up in Basis”: What it Means for Your Estate Plan or Trust A commonly utilized tax law in estate planning considerations, known as the “step up in basis,” may be in jeopardy. The “step-up,” derived from section 1014 of the Internal Revenue Code, gets applied…

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Tax planning, Estate planning, Trust documents – Be proactive now and do not regret indecisiveness in 2021

Bernie’s “For the 99.5% Act”: Is It Time to Start Thinking about Tax Planning? For the year 2021, each individual has $11,700,000.00 of estate tax credit (or $23,400,000.00 for married couples), otherwise known as the “applicable exclusion amount.” For estates that exceed the applicable exclusion amount, the tax rate is…

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Handwritten Wills and the Importance of Witnesses – What you need to know because it is complicated

Larry King’s Handwritten Will Ordeal The recent passing of the broadcasting legend, Larry King, has resulted in his family not only mourning him but also fighting amongst themselves over his true last wishes. Larry, together with his wife, Shawn Southwick King, had executed estate planning documents in 2015, where he…

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