Beware the 2013 federal estate tax changes!

3,039 Views | 19 Replies | Last: 13 yr ago by jreg90
Stasny Law Firm
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An individual who died during 2012 with as much as $5 million (adjusted for inflation) in his or her estate would have ZERO federal estate tax against the estate. If Congress doesn't take action (wanna place bets on that?) that esate-tax-free amount will automatically drop to $1 million in 2013!

Think of that dollar amount as a nice little box you have. The IRS won't take any estate taxes out what you can fit in your box. In 2012, you had a box that could fit $5 million. Tonight at midnight, your box will (presto!) magically shrink to $1 million, and everything that doesn't fit comes busting out for the IRS to measure and tax at rates as high as 55%.

What's that you say? "Holy moly"? Just wait! There's more!

First, be aware that your "estate" for tax purposes may include items you haven't thought of, a big one often being life insurance benefits. That $1 million life insurance policy you have might suddenly fill up your entire little box!

Second, another automatic 2013 change is that spouses will no longer automatically share eachother's credits. In other words (going back to the "box" allegory), if a spouse died in 2012 and still had unused space left in his box, the other spouse could use that extra space for her estate. We call this "portability." The result: a married couple with as much as $10 million ($5 million for each spouse) had no estate tax with little or no tax planning work. For 2012, married couples may need tax planning work to make sure both spouses maximize the use of space in their own boxes.

The bottom line: if you or someone you know may pass on $1 million or more at death, watch the estate tax in the news and visit with an attorney in 2013!

Sponsor Message: Stasny Law Firm| Serving the Brazos Valley Since 1977| http://stasnylawfirm.com/

[This message has been edited by Stasny Law Firm (edited 12/31/2012 9:50a).]

[This message has been edited by Stasny Law Firm (edited 12/31/2012 10:20a).]
JeepWaveEarl
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Second paragraph, 3rd line, should be 2012 right?
Stasny Law Firm
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Thanks! Maybe I should post a "Help Wanted: Proofreader" thread!

Sponsor Message: Stasny Law Firm| Serving the Brazos Valley Since 1977| http://stasnylawfirm.com/
JeepWaveEarl
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Just making sure I understand correctly.
fishoutawater
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Bottom line is don't die in 2013.
jenniferjoe
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I guess it's a good thing no one I know has anywhere near $1 million of anything to leave me!
lightswitch
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It is so true what they say.... "You can't take it with you"
acp46
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My rich Uncle Stanley sure tried to!
Yuccadoo
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A very wealthy woman in her 90's once told me:

I'm living my life so that the check for my casket bounces.

I thought that was pretty funny.



[This message has been edited by Yuccadoo (edited 1/2/2013 3:11a).]
GSS
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Apparently the final language retains the $5M threshold, but with rates to increase to 40%. Politicians creed: Tax `em all, dead or alive! (unless votes can be bought by exempting near 50% from paying any Federal income tax).
boredatwork08
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I, for one, think it's hilarious (read: mind-boggling) that we are taxed on our accumulated wealth that was purchased with after-tax money.
TKDMom
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quote:
I, for one, think it's hilarious (read: mind-boggling) that we are taxed on our accumulated wealth that was purchased with after-tax money.


Except, of course, some of it was "purchased" with pre-tax money (think TRS accounts, 401K holdings, IRAs etc).

Bottom line is that everyone should consult with a professional to determine exactly how safe their assets are going to be upon their death.


Stasny Law Firm
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UPDATE TIME! GSS correctly posted above that the last-minute "fiscal cliff" deal by our ever so wise and beneficent federal government has left the $5 million (adjusted for inflation) estate tax exemption amount in place! It remains "portable" between spouses, meaning that spouses can pass on a combined $10 million (inflation adjusted) without estate tax.

Thank goodness my precious '97 Saturn and '99 Ford Windstar are safe!

Happy New Year from The Stasny Law Firm!

Sponsor Message: Stasny Law Firm| Serving the Brazos Valley Since 1977| http://stasnylawfirm.com/
JanieLaGrown
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I think $1million is more than enough to pass on to kids nowadays. You guys want to continue make a generation of spoiled brats.

China is going to stomp our economy this decade and some of you are going to still wonder how.



[This message has been edited by JanieLaGrown (edited 1/5/2013 9:26a).]
Pro Sandy
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quote:
I think $1million is more than enough to pass on to kids nowadays. You guys want to continue make a generation of spoiled brats.
It's my money. You don't get to decide how I spend my money.
Joe Nobody
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Janie LaGrown's comment is so ignorant I don't know where to start. Spoiled brats? Most "kids" inherit money in their 50s.

One-million dollars to pass to all of your kids is no wealth at all. If you had four kids that would amount to little more that a really nice rainy day fund.

A 500 family ranch in Austin County where land can sell for up to $10,000/acre would be worth $5 million. With a $1 million dollar exemption the kids upon inheriting the ranch would be forced to sell the ranch just to pay the $2 million in taxes! And they may have no other assets and work as a teacher or a coach.

This will be a train robbery plain and simple. Thankfully the $5 million exemption has been extended.
SumAggie
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people who make statements like ms janie above should not be allowed to vote.... I will NEVER understand why libs believe they or the guv'mint have any right to take away money that I made? Communist Russia tried this and it failed. Socialist Europe tried this and it failed. How many examples do people need before they realize that socialism does not work?
acp46
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quote:
It's my money. You don't get to decide how I spend my money.


Actually this isn't true. When you vote, regardless of which party or candidate you support, you are in fact deciding on how to spend someone else's money...and someone else is deciding how to spend yours. With few exceptions, all candidates and politicians have plans to spend tax dollars one way or another.
lost my dog
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The United State government first imposed an estate tax in 1862 in order to help pay for the Union armies. Obviously the US has been a complete failure ever since then.
GSS
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quote:
Actually this isn't true. When you vote, regardless of which party or candidate you support, you are in fact deciding on how to spend someone else's money...and someone else is deciding how to spend yours. With few exceptions, all candidates and politicians have plans to spend tax dollars one way or another.

But this isn't (or shouldn't be) considered tax dollars available to politicians. It is value derived or developed after the taxpayer has performed his civic duty (income tax). Just because someone lives a long enough life to accumulate assets is hardly a reason for the slimy ones to come a callin' on the heirs. And if not in the form of cash, for the heirs to be required to sell real estate or a business just to (again) pay taxes.
jreg90
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quote:
I think $1million is more than enough to pass on to kids nowadays. You guys want to continue make a generation of spoiled brats.


One of the most ridiculous and ignorant things I've ever read on TexAgs! Maybe you should you just read for a while and refrain from commenting.

[This message has been edited by jreg90 (edited 1/9/2013 2:27p).]
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