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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! |
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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 |
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