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The New Portability Rules In Estate Planning (2013)

The New Portability Rules In Estate Planning (2013)

The American Taxpayer Relief Act of 2012 continues the "portability" provisions that allow a surviving spouse to use the unused portion of the gift tax and estate tax exemption of the last deceased spouse of the surviving spouse. The surviving spouse can use such unused portion for both gift tax and estate tax purposes, and the executor of the estate of the first spouse to die must elect "portability" on a timely filed federal estate tax return for the surviving spouse to be able to use such deceased spouse's unused estate tax exemption.

This focused program will highlight how this process plays out in the realm of matrimonial law in the context of tax planning, drafting of pre and post nuptial agreements, and remarriage. Estate planning professionals will gain a helpful review of the portability rules, and how to use them, as well.

In the second hour, continuing its theme of financial and tax planning in the marital context, the program will feature a round-table discussion on Goals-Based Wealth Management: what it is, who is best suited for it and how it can help a client. This segment will include a lively discussion of whether and how gender plays a role in investing and the level of risk-taking.

Program Agenda


A. What Portability Means in a Marriage for:
– Estate Planning
– Gift Planning

B. The Election Process for Portability
– Eligibility
– Timing

C. Portability Issues in a Pre-nuptial Agreement or Post-nuptial Agreement

D. Miscellaneous Issues Regarding Portability
– Remarriage
– Sequence of Utilization of Exemptions
– Use of Marital Trusts

II. Panel Discussion and Questions and Answers – Current Issues from the perspective of Trust Estate Attorney, Investment Advisor and CPA

– Follow up questions regarding Portability, Including Consideration of:
A. What is the impact of a divorce on your Estate Plan
B. Portability does not take into account a Divorce – What can you do to preserve your Estate and divorce successfully
C. Understanding the “Goal of Estate Plans for Future Generations” – Divorcing Couples can do it if they really care about the future
D. Tax issues and Legal issues to deal with in unwinding an estate plan
– Investment Advisor on Goals-Based Wealth Management
A. What It Is
– A focused and consistent approach that helps Advisors uncover a deeper understanding of clientconcerns and priorities, and develop portfolios and align resources to best achieve each goal.
B. Who Is Best Suited for It
– Clients with a complex set of goals who are open to an approach that manages investments to their needs and aspirations, rather than to returns alone.
C. How It Can Help
– Ultimately, a client-s own goals become a benchmark by which to evaluate investment success. This can enhance investment outcomes by helping the client stay the course with their investment strategy, regardless of market cycles.
D. Establishing a Financial Profile for Your Client

Total MCLE Credits 2.0
Ethics MCLE Credits 0.0

This archived webcast is a video online program that you will view and listen to on your computer screen.

Total Credits: 2.00 | Areas of Professional Practice: 2.00

Recorded Date:
  • July 10, 2013
  • Online On-Demand
Product Code:
  • VD984
Areas Of Professional Practice Credit(s):
  • 2.0
Total Credit(s):
  • 2.0
  • 1hr 50min
Non-Member Pricing: $175.00

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