Skip to main content

Report - Temporary Measures Proposed to Stop Estate Tax Repeal

The Wall Street Journal reports that plans are afoot in Congress to pass a bill that would temporarily stop the repeal of the Estate Tax which is scheduled for 1/1/10 under current law. Of course, that current law sunsets itself on 1/1/11, but for one year there is no estate tax at all. (Those with a dark sense of humor are wondering if advisors for wealthy but sickly individuals are trying to find medical care to keep them alive until next January - or advising them to try to die in 2009?)

It had always been assumed that something would be done prior to 1/1/10 (or at least 1/1/11) to change the law passed in 2001. That law repealed the Federal Estate Tax with a 10 year phase-out. But, because the Republicans did not have a two-thirds majority, the bill itself could not be permanent. It had to include a "sunset" clause that repealed all of the bill's provisions at the end of 10 years.

Many things intervened over the next several years, including the war on terror, hurrican Katrina, and now a new administration. So, the bill never was addressed - neither to make the repeal permanent, nor to stop the temporary repeal that will happen in 2010. So, now something has to be done in a hurry.

We would suggest that you contact your own representatives in Congress and express your opinion on this matter. The Estate Tax brings in revenue to the Government, but its original purpose was to stop the super-wealthy from amassing so much wealth and power that they threatened our Democracy. This was done with a high (almost 50%) tax rate. With inflation it is no longer appropriate to consider those with $1 or $2 million as a threat to democracy. The amount that is exempt needs to be increased and indexed to inflation, if we are to keep the tax.

Here is a link to the Wall Street Journal article:
http://online.wsj.com/article/SB10001424052970203863204574346930384296134.html#articleTabs=article

Comments

Popular posts from this blog

It's really Spring!

It's clearly Spring around here.  On the way to work this morning I saw several groups of Turkeys.  In each group there was at least one male presenting his tail for the females.  This looks like the classic picture you see of a Turkey around Thanksgiving with his big tail unfurled like a peacock.  But, you won't see that in November, it is courting behavior used in the Spring to find a mate.  Imagine if we humans had some sort of mating system like that.  The males puff themselves up, furl out their tails and strut around waiting for a female to find them attractive ... that would be something  ... oh, wait! Three Turkeys at my Bird Feeder - April 2011 (C) Edward Adamsky, 2011

4 Planning Tips for Parents of Disabled Children

Buy enough life insurance . You can’t be replaced, but someone will have to fill in if you aren’t there. Your family will probably have to pay for some services that you used to provide. You can provide the money necessary, even if you don’t have much now, with life insurance. Set up a trust . Any assets left for a child with special needs, including life insurance proceeds, should be held in trust. Leaving money directly to someone with a special need jeopardizes public benefits. Some families disinherit children with special needs, relying on siblings to care for them. This approach is fraught with potential problems. The best approach is a trust fund set aside for the child with special needs. Write down the care plan . You must write down what a future caregiver will need to know about your special needs child. You may know everything but you need to write it down so it can be passed on. The memo or letter can be kept in the attorney's files or with the parent's estate plan...

Clifton B. Kruse, Jr., Leading Elder Law Attorney, Dies at 74

Clifton B. Kruse , Jr., a revered elder law attorney who was admired as much for his kindness and generosity to fellow practitioners as for his grasp of the law, died December 30, 2008, in Colorado Springs, Colorado. He was 74. The cause was complications from Alzheimer's disease. For many in the field, Kruse set the standard for all that an elder law attorney can and should be. One of elder law's founding fathers, he combined a gentlemanly charm, warmth and caring with one of the sharpest and most ethical of legal minds. Wrote Arizona elder law attorney Robert Fleming in a tribute , "In my third of a century of elder law practice I have never met another lawyer who managed to pull together sophistication, heartfelt empathy, intellectual rigor and courtly manner in the same fashion Clifton Kruse projected. He did it, to all appearances, effortlessly. He was a friend and mentor to many in the elder law community (I count myself among those legions)." Kruse was the e...