Property Included in the Calculation of the Federal Estate Tax
Get Legal Help Today
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
UPDATED: Jul 19, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Jul 19, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Every asset you have at death, and in any location, is counted. The IRS starts by tallying up your gross estate, which includes the value of your probate estate – the property owned by you at the time of your death – and the property passing outside probate on your death. The types of property included are: personal property, your home, business interests, life insurance death benefits, deferred compensation, stock options, IRAs, retirement plans, pensions, 401(k)s and profit sharing, investments, real estate, bank accounts, jewelry, works of art, jointly-owned assets, promissory notes, 50% of your community property, mortgages, and cash. Your gross estate also includes any taxable gifts given away before your death. (However, gifts under $15,000 per year per recipient are not counted in the calculation of estate taxes.) Then, the IRS subtracts your liabilities, such as loans, funeral expenses, debts owed at the time of death, legal and other estate administration costs and any charitable contributions made. Subtracted are those assets passing outright to a surviving spouse because of the rule which permits an unlimited amount to pass to a spouse with no estate tax burden. The balance, if any, will roughly estimate your taxable estate.
Case Studies: Estate Tax Planning and Considerations
Case Study 1: Estate Tax Calculation for John, a Business Owner
We explore the estate tax calculation for John, a business owner with a diverse portfolio including business interests, real estate, and investments. We analyze how these assets are included in the gross estate and deductions made to estimate the taxable estate.
Case Study 2: Estate Tax Planning for High Net Worth Individuals Like Sarah
We delve into estate tax planning strategies used by high-net-worth individuals like Sarah. We discuss the significance of gifting and leveraging exemptions to minimize estate tax liabilities. We also examine the impact of different asset types and the importance of comprehensive estate planning.
Case Study 3: Estate Tax Considerations for Blended Families, Including Mark
This case focuses on the estate tax considerations faced by blended families, including individuals like Mark, who have children from previous marriages. We explore the challenges of balancing the interests of the current spouse and the children from previous relationships. Additionally, we examine strategies to ensure a fair distribution of assets while minimizing estate tax implications.
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.