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Portability is a provision that allows a deceased spouses unused estate tax exclusion amount to transfer to the surviving spouse, helping to alleviate any wasted exclusion amount and creating greater flexibility for families.
What are the disadvantages of electing portability?
The only downside to filing for the portability election is the cost of filing the required estate tax return (IRS Form 706).
What happens to a credit shelter trust after death?
When the surviving spouse dies, any remaining principal can be distributed to children or remain in trust for their benefit, as you direct. Even though the surviving spouse has access to income (and principal, if needed), the assets in the credit shelter trust are not considered part of the survivors taxable estate.
Will portability go away in 2026?
Will portability go away in 2026? No is the answer to this common question about changing estate tax exemptions. Portability is a provision that allows a surviving spouse to use any unused portion of their deceased spouses federal estate tax exemption.
What are the disadvantages of a credit shelter trust?
One of the disadvantages of a credit shelter trust is that it does not give the surviving spouse immediate access or full control over the trust assets. Instead, the spouse can generally receive income from the trust and may be allowed to use the trust principal to pay for health, education, and maintenance as needed.
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Portability is a federal estate tax provision that allows a surviving spouse to inherit any unused federal estate tax exemption from their deceased spouse. The estate tax exemption is the amount that individuals can pass on to heirs tax-free.
How are credit shelter trusts impacted by the portability of the estate tax exemption?
The credit shelter trust exempts assets and any growth on them from estate taxes. If the first spouse dies with a $5 million exclusion, with portability the survivor will get exactly $5 million of exclusion to cover assets in the survivors taxable estate.
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