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MINIMIZE ESTATE TAX LIABILITY WITH
GIFTS OF LIFE INSURANCE

Remember, your estate includes everything you own at the moment of your death. This obviously includes assets such as cash, stocks, bonds, annuities, real estate, retirement plans, life insurance, even your personal property. Remember also, the gross estate includes all assets transferred to your Revocable Trust, assets over which you have unfettered "control and dominion". Without estate planning, a substantial percentage of your estate will be lost to the government upon death, this can be avoided or at least minimized.

As we know, one useful method ,which I strongly recommend, is the practice of "gifting" to the maximum permissible amount of $11000 per year per recipient; this tool has the ability of dramatically and positively impacting your estate exposure. Annual gifting not only removes taxable assets from your estate, but also allows all future appreciation of the gifted assets to be excluded from your estate and become property of the recipient.

It is important to remember that gifts need not be restricted to cash transfers; permanent life insurance is an appreciating asset that translates into an excellent gift. Many times the transfer of a life insurance policy removes the asset from your estate (an asset which you will never "see" materialize since it is redeemed upon your death), and premium payments can still be continued by the future gifting of your $11000 annual exclusion, or $22000 if married. Careful estate planning determines the prudent method of this gift, if gifted improperly you may well be establishing an estate problem for the recipient; also, if the recipient is a minor this issue must also be addressed. Many times it is preferred to gift life insurance into a trust. The careful implementation of gifting, by utilizing the annual exclusion for the transfer of existing life insurance, is a wise procedure to remove this asset from your estate, and at the same time accomplish another step in prudent estate planning. Remember however, to successfully remove the existing policies from your estate and its tax burden you must survive this gift by three years! Also, consider a gift by the annual exclusion of cash to the recipient so the recipient has the ability to acquire a new life insurance policy that will not be subject to the three-year rule. This of course requires an "insurable interest" in the relationship of the recipient to the donor (maker) of the gift.

Prudent estate planning will produce a wise gifting program for the maker of the gift which will(a) result in the transfer of an appreciating asset out of your taxable estate, and (b) create the smart utilization of your annual exclusion, and (c) future annual exclusions, all reducing your estate tax liability; a wise approach to the ultimate estate tax bill which will be received by your executor-a "win-win" for the maker of the gift as well as the recipient!
 

Dear Friends, Collegues
and Clients,

Many people underestimate the size if their estate and unknowingly face unnecessary and unwanted large tax obligations. Changes created by the present estate tax law have increased confusion about how to protect assets and use the present law to one's advantage. This is especially true when you factor into the mix the New Jersey Estate Tax, which commences at $675,000.



Sincerely,

Steven Wayne Tarta

   
   



Contact us at:
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Tarta Law
Steven Wayne Tarta
Attorney At Law

The Lincoln Building
Suite 304
45 North Broad Street
PO Box 5101
Ridgewood, NJ 07450

   
     
     
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