Estate Planning › American Taxpayer Relief Act

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.

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News & Analysis as of May 21, 2013

2013 Estate Planning – Still Not The Time To Be Complacent

by Gary Phillips | Cole Schotz on 5/13/2013

The end of 2012 saw an unprecedented surge of activity for estate planning attorneys and advisors counseling clients to implement estate plans before the 2013 changes in the law, which would have reduced gift and estate tax...more

Estate Planning with Portability: Not a Panacea

by Lauren Jenkins, William Rich, David Shayne | Holland & Knight LLP on 4/24/2013

When Congress resolved the fiscal cliff crisis early this year, it brought permanence to estate, gift and generation-skipping transfer tax laws that had been in flux for over a decade. In short, the American Taxpayer Relief...more

Estate Planning Insight: Estate Planning After The American Taxpayer Relief Act Of 2012

by Margaret Cronin, Eileen Day | Leonard, Street and Deinard on 3/15/2013

The American Taxpayer Relief Act of 2012 (ATRA) was signed into law on January 2, 2013, ending twelve years of uncertainty concerning the federal estate, gift and generation-skipping tax rates and exemptions....more

Estate Plans May No Longer Need Credit Shelter Trusts

by William Belcher | Poyner Spruill LLP on 2/28/2013

The 2012 Tax Relief Act provides an exemption from federal estate tax of $5,250,000 inflation indexed per spouse that is portable between spouses. If the first spouse to die does not use in whole or in part her or his...more

Estate Planning Implications of American Taxpayer Relief Act of 2012

by Deanna Lyon, Virginia Palmer, Judith Yang | Wendel, Rosen, Black & Dean LLP on 2/27/2013

The American Taxpayer Relief Act (the Act), which was passed by Congress on January 1, 2013 and signed into law by President Obama on January 2, has finally provided some permanence to the transfer tax laws....more

Insight on Estate Planning - February/March 2013: Fiscal cliff deal brings some certainty to estate planning

by Adler Pollock & Sheehan P.C. on 2/20/2013

Congress’s eleventh-hour deal to avert the “fiscal cliff” produced the American Taxpayer Relief Act of 2012 (ATRA). The act focuses on income taxes, but it also provides much-needed certainty for people engaged in estate...more

Wealth Management Update - February 2013

by Proskauer Rose LLP on 2/12/2013

In This Issue: - February Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - IRS Issues Revenue Procedure 2013-15 - Private Letter Ruling...more

Termination of Credit Shelter Trusts

by William Belcher | Poyner Spruill LLP on 2/11/2013

As discussed in a previous article, due to higher estate tax exemption, certain trusts previously established for purposes of avoiding estate taxes under the estate plan of a predeceased spouse may no longer be necessary in...more

Estate Planning After the American Taxpayer Relief Act

by Craig Dalton | Poyner Spruill LLP on 2/11/2013

Congress adopted the American Taxpayer Relief Act (the Act), effective January 1, 2013. The Act made permanent tax rates and exemptions for estate, gift, and generation-skipping transfer (GST) taxes. Prior laws incorporated...more

Estate Planning Considerations: Documentation and Peace of Mind

by Baker, Donelson, Bearman, Caldwell &... on 2/11/2013

With the introduction of the American Taxpayer Relief Act of 2012 (Act), the world of estate planning has been injected with a dose of certainty after more than 10 years of uncertainty as to federal estate, gift and...more

Alert: Estate Planning - January 2013

by Pullman & Comley, LLC on 2/5/2013

For the first time in more than a decade, clients and advisors can plan their estates with a significant degree of certainty. The new tax law passed by Congress on January 1, 2013 and signed into law by President Obama...more

The Estate Planner - January/February 2013

by Shumaker, Loop & Kendrick, LLP on 1/31/2013

In This Issue: - Tax deal reshapes estate planning landscape - Are your children prepared to handle your wealth? - Planning your digital legacy - Estate Planning Red Flag: You’re married and relocating into or out...more

2013 Tax Update Letter

by Hopkins & Carley on 1/30/2013

Dear Clients and Colleagues: This letter provides you with a summary of the American Taxpayer Relief Act of 2012 (the “Act”) with respect to the key estate and gift tax provisions, and presents some thoughts on wealth...more

2013 Estate Planning Update

by Laura Kelly, John Lombard, David Ludgin, Dana Mark | McCarter & English, LLP on 1/30/2013

As 2012 drew to a close, your estate planning attorney's attention was diverted from the ball drop in Times Square to whether Congress would drop the ball with respect to the fiscal cliff. Congress, however, passed the...more

Make a New Year’s Resolution to Review Your Estate Plan in 2013

by Partridge Snow & Hahn LLP on 1/29/2013

Each year, at this time, we remind our clients of the importance of keeping their estate planning documents up to date. With the avoidance of the tax side of the “Fiscal Cliff” and the passage of the American Taxpayer Relief...more

What the “Fiscal Cliff” Resolution Means for Personal Estate Planning

by Dechert LLP on 1/24/2013

For the first time in 12 years, the estate, gift and generation-skipping transfer tax law does not have a built-in expiration date in the United States. Congress has exempted all estates below approximately $5 million ($10...more

Fiscal Cliff Deal Preserves Enhanced Conservation Easement Tax Benefits

by George Asimos | Saul Ewing LLP on 1/23/2013

Conservation easements are an effective tool for tax and estate planning and there are significant tax benefits to implementing them in 2013....more

Estate Planning & Federal Tax Update - Winter 2013

by John Allevato, Elizabeth Summers | Spilman Thomas & Battle, PLLC on 1/21/2013

With the American Taxpayer Relief Act of 2012 (the “ATRA ”) passed and the fiscal cliff safely averted, the time has come to turn your attention to your estate plan. What Did the ATRA Accomplish? The fiscal cliff...more

Estate Planning After the Fiscal Cliff Deal

by Katten Muchin Rosenman LLP on 1/17/2013

Now that a deal averting the fiscal cliff has finally been reached, many of the tax and planning issues that have been mired in uncertainty for the past two years (and even longer in some cases) may be resolved. Numerous tax...more

Estate Planning Implications of the Fiscal Cliff Deal

by Christopher Angell, Michael Arlein, Hugh Freund, Carolyn Handler, Dana Hiscock, John Sare, Catherine Grevers Schmidt | Patterson Belknap Webb & Tyler LLP on 1/15/2013

After a last-minute deal to avoid the fiscal cliff was passed by Congress on January 1, 2013, President Obama signed into law the new American Taxpayer Relief Act (“ATRA 2012”) on January 2, 2013. ATRA 2012 extends...more

Significant Estate Planning Developments in 2013

by Christina LeBlanc, Wendy Rusch | Foley & Lardner LLP on 1/10/2013

The American Taxpayer Relief Act of 2012 (Act) was enacted on January 2, 2013....more

Wealth Management Update Newsletter - January 2013

by Proskauer Rose LLP on 1/10/2013

We Didn't (Quite) Fall off the Cliff, But We Still Have To Clean up the Mess! When the clock struck midnight on December 31, 2012, estate planning practitioners said "good night" to an unprecedented period of working...more

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