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McBrayer Blogs

Showing 3 posts from 2015.

Special Needs Trust

Special needs trusts, or supplemental needs trusts, are a unique form of planning for a disabled individual. These trusts recognize the unique challenges facing disabled persons and the delicate interplay with government assistance programs designed to help provide for them. These trusts are designed to supplement such programs, providing additional resources for the care and comfort of the permanently disabled, while simultaneously preserving the beneficiary’s eligibility for government assistance. More >

Exemption Portability - What is it, and how does it work?

Posted In Estate Planning

The term "portability" is used in many contexts, but in the estate planning context portability describes the way a surviving spouse can use the remainder of a deceased spouse's unused exclusion amount to further shield her or his estate from tax liability. Portability first came about in 2010 as a temporary concept in the Tax Relief, Unemployment Reauthorization and Job Creation Act of 2010. It was set to expire on December 31, 2012, but Congress, in the American Taxpayer Relief Act of 2012, made portability a permanent part of the estate and gift tax exclusion. The current unified exemption for estate and gift taxes is $5.43 million (for the year 2015), so portability allows for a potentially very large tax break for a surviving spouse's estate. More >

Nothing is uncertain like death taxes

Posted In Estate Planning

There's a saying about death and taxes, the certainty thereof, which has been oft repeated to the point of weariness. While it is true that the imposition of taxes is a certainty, the shape and form of such taxes, especially in an estate planning context, is anything but. Just when one believes the ground to be firm in any particular tax context, the sands begin shifting. The federal estate tax has been just such an example the past several years, and estate plans should account for future uncertainty. More >

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