Current and Year-End Estate Planning Issues
UNCERTAINTY REGARDING THE FEDERAL ESTATE TAX AND APPLICABLE EXCLUSION AMOUNT
Under current law, the maximum amount an individual can shelter from Federal estate tax at death (the “Federal Applicable Exclusion”) is $3.5 million for individuals dying in 2009; any amount in excess of $3.5 million that does not otherwise qualify for a deduction is subject to Federal estate tax. The Federal estate tax is set to be repealed in 2010 only to then return in 2011 with a Federal Applicable Exclusion of $1 million. The gift tax will remain in effect during 2010, with a $1 million exemption amount.