Donald M. Thompson - Wills, Trusts, and Estate Planning

WILLS, TRUSTS, AND ESTATE PLANNING

Transfers Within Three Years of Death

Some gifts made within 3 years of death are included in the taxable estate. Also the amount of any gift tax paid on them is included in the estate. This rule is an attempt to prevent use of death bed transfers to get the gift tax paid out of the estate. The gifts that are included under this rule are:

  • transfer with a retained life estate or where the right to designate a beneficiary is retained;
  • transfers effective at death;
  • revocable transfers;
  • transfers of ownership of life insurance policies.

    NOTE: There currently is no Federal or state estate tax or generation skipping tax. The gift tax is still in effect. Whether or not the estate and generation skipping taxes will be reinstated this year is not known. Many people expect that they will be reinstated, but what will happen is not known. What the rates and exemptions will be if the taxes are reinstated is also not known. Click here for more.

 

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Donald M. Thompson * 55 W. Monroe #3950; Chicago, IL 60603
Ph: 312-782-0844 * Fax: 312-201-1436 * Email:
donthompsonlaw@sbcglobal.net