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Estate Planning News
Nelson Supports Full Repeal Of Estate Tax
To encourage economic activity and to allow for certainty in estate planning, Nebraska’s Senator Ben Nelson voted today to proceed to H.R. 8, the bill that fully repeals the estate tax. The motion to invoke cloture required 60 votes and failed, 57-41.
“I support the full repeal of the estate tax because reducing taxes and putting more dollars in the pockets of taxpayers is the best way to stimulate the economy,” said Nelson.
Nelson also said he has heard from Nebraska’s family and small business owners who worry about their estate because of the uncertainty of this unfair tax.
At every opportunity, Senator Nelson has voted to fully repeal the estate tax. In 2001, Senator Nelson helped broker and then voted for “The Economic Growth and Tax Relief Reconciliation Act”, which cut federal taxes by $1.3 trillion. Included in this tax cut package was a gradual reduction and eventual elimination of the estate tax. Specifically, the law has provided for a gradual reduction in the estate tax through 2009 and a one year full repeal in 2010.
Because the 2001 tax bill was done under special Senate “reconciliation” procedural rules, the provisions repealing the estate tax will expire at the end of 2010, sending the estate tax laws to the higher pre-2001 levels.
In 2002, Senator Nelson twice voted to make the estate tax repeal permanent.
“I have and will continue to support the full repeal of the estate tax every chance I get because of its burden on Nebraska’s small businesses and potential for job and economic growth in our state,” said Nelson. “We need to provide stability in the tax code so Americans can plan their retirements and provide for their families.”
A "Living Trust" can be used to hold legal title to and provide a mechanism to manage your property
You can select the person or persons you want -- often even yourself -- as the Trustee(s) to carry out the instructions you want in the Trust and name one or more Successor Trustees to take over if you cannot. Unlike a Will, a Trust usually becomes effective immediately, continues in force during your lifetime even in the event of your incapacity, and continues after your death. Most Trusts are "revocable" which allows the person who creates the Trust to make future changes, modifications and even to terminate it.
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Definition:
A long recognized legal concept (first used in ancient Greece during the times of Socrates and Plato) in which some or all property of a Trust Creator is held on behalf of a beneficiary (which may include the trust creator) in the name of the Trustee.
Federal Estate Taxes
Definition:
Taxes imposed by the US Government on the value of a person's estate upon his or her death.
Devise
Definition:
A gift made by a will or a trust. A devise is made to a beneficiary under the terms of the will or trust.
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