Estate Planning – Portability of the Tax Exemption

The 2010 Tax Act1 has made it possible, under specified circumstances, for the estate of a surviving spouse to make use of the unused estate tax exemption of his or her predeceased spouse, a concept referred to as portability of the applicable exemption amount. Some estate planners have suggested that portability makes it unnecessary to continue to draft estate plans that include credit shelter trusts.
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