Planning for Estate Taxes in 2013 and Beyond

What will happen to estate taxes in 2013?  Right now, you may as well try to predict what the weather will be on Jan. 1 than count on new laws from a contentious Congress still debating the scenarios.

The estate and gift tax exemptions that were set by the 2010 Tax Act are the most advantageous in almost a century, but these are slated to disappear on Jan. 1, 2013:

  • Estate, gift and generation-skipping transfer (GST) tax exemptions of $5.12 million for single taxpayers ($10.24 million for married taxpayers filing jointly) with a 35 percent maximum tax rate.
  • Portability provision that allows for the transfer of the unused portion of a deceased spouse’s estate tax exemption to a surviving spouse.

If Congress does nothing, then the lifetime estate and gift tax exemptions will fall to $1 million with estate taxes reset to 55 percent.

If the Obama administration plan prevails, the lifetime estate tax exemption will fall to $3.5 million with estate taxes reset to 45 percent.   The gift tax exemption would remain at the 2001 level of $1 million.

This continued environment of uncertainty is why a lifetime relationship with your Personal Family Lawyer® is so important. The reality is no one can predict what the estate tax situation will be at the time of your passing. So a plan, prepared by our office, that keeps up with your life and the law is the way to go to ensure your family pays the least amount of estate taxes no matter what Congress does.

If you’d like to learn more about minimizing taxes through estate planning, call our office today at 530.581.5455 to schedule a time for us to sit down and talk.

To your health, wealth and happiness,


This article is a service of Jill Gregory Law, a Personal Family Lawyer® firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life and Legacy Planning Session™, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by clicking the button above or calling our office today at 949-514-8842 or 530-581-5455, to schedule a free 15 Minute Phone Consult with Jill Gregory, or a full Planning Session today. Mention this article to find out how to get this $750 Life and Legacy Planning Session at no charge.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.