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Trusts. The best way to protect your assets is to create trusts. Depending on the total value of your estate and whether you are married, you and your spouse can create one or multiple types of trusts. Each may individually fall below the million dollar threshold, allowing you to avoid estate taxes in Massachusetts.
In Massachusetts, estates must file an estate tax return if the estate value is over $1 million. This tax will also apply to the entire estate value, not just the portion above the million-dollar mark. In addition to this rule, only the value over $40,000 will be subjected to the tax.
An Irrevocable Trust requires you to give up all ownership rights to the assets in the Trust, as well as your right to change the terms and conditions of the trust. Because the assets in the Trust no longer belong to you, you cannot count them among your estate, and therefore you don't have to pay estate taxes on them.
Creating an Irrevocable Trust as an Avoidance Strategy Generally though, assets are placed in an irrevocable trust during the life of the donor so that they are not includible in the taxable estate.
When set up properly, trusts can either greatly reduce how much of an estate is taxed at the 40-percent rate or eliminate the estate tax burden altogether. A trust is essentially a financial arrangement between three parties in which assets are held for a beneficiary.
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If the estate is worth less than $1,000,000, you don't need to file a return or pay an estate tax. Massachusetts estate tax returns are required if the gross estate, plus adjusted taxable gifts, computed using the Internal Revenue Code in effect on December 31, 2000, exceeds $1,000,000.
Anyone can use a trust to reduce their inheritance tax liability on their estate, enabling them to pass on more wealth to their beneficiaries. While trusts are one of several tax-efficient ways to reduce the value of an estate, they are also the most complex inheritance tax planning method.
Tax Lien. To protect the Commonwealth's interests, the collector will file a "Notice of Massachusetts Tax Lien." The tax lien is a public record and attaches to all of the taxpayer's real and personal property and may prevent the sale or transfer of the property attached.
Here are some ways to reduce or avoid the Massachusetts estate tax: Credit Shelter Trusts. A surviving spouse receives an unlimited marital deduction, so there are no estate taxes on jointly-held assets when the first spouse passes away. ... Spend your money. ... Gifting during your lifetime.
Creating an Irrevocable Trust as an Avoidance Strategy Generally though, assets are placed in an irrevocable trust during the life of the donor so that they are not includible in the taxable estate.

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