Balancing Act:  Estate planning options for appreciated assets that consider future income tax consequences (“Estate Planning Journal” – April 2024)

This article discusses the complexities of estate tax planning, emphasizing that while transferring appreciated
assets can reduce estate taxes, it may lead to higher income taxes for beneficiaries. The article discusses creative estate planning strategies that balance the potential loss of a step-up in income tax basis with the benefits of estate tax reduction.
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To Bypass or Not to Bypass, That is the Question: Using a Formula General Power of Appointment Clause to Address New Estate Planning Uncertainties (“California Trusts and Estates Quarterly” – Spring 2011)

Due to changes to the federal estate tax rules, estate planners today face a set of additional considerations regarding whether a bypass trust is necessary for a couple uncertain to face estate taxes at the surviving spouse’s death. The use of a formula general power of appointment may permit a couple to maximize their tax benefits by ensuring the lowest estate tax possible and maximizing the use of the step-up in income tax basis at death. View article