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February 26, 2010
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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.”

 

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Did You Know?    
 
 
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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Estate Planning Terms

 


Today's Terms

Probate

Definition:
The process through which the legal title to property is transferred from a decedent to the beneficiaries. If a person dies with a will (testate), the probate court determines if the will is valid, hears any objections to the will, orders that creditors be paid and supervises the process to assure that property is distributed by the Personal Representative or Executor according to the terms of the will. If a person dies without a will (intestate) the probate court appoints an Administrator who receives all claims, pays creditors, and then distributes all property according to the laws of the state.

Living Trust

Definition:
Sometimes called an Inter-Vivos Trust--A written legal document established during a person's lifetime into which he/she places property.

Trustee

Definition:
A person or institution responsible for the management and distribution of property held in a Trust. The trustee has the authority to act according to the instructions provided in the trust agreement. See Fiduciary.

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Estate Planning Resources

 


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Estate Planning Hot Topics

 
Topics Related to Estate Planning:

  • Trusts
  • Wills
  • Uniform Probate Code
  • Gift Tax

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Plano Estate-Planning Attorney

 
If you live in the following cities and need an Estate-Planning attorney you should contact our Estate-Planning Attorney as soon as possible:

  • Alvin
  • Amarillo
  • Arlington
  • Austin
  • Baytown
  • Brownsville
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  • Carrollton
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  • Dallas
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  • North Richland Hills
  • Palestine
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  • Pharr
  • Plano
  • Richardson
  • Richmond
  • Round Rock
  • San Antonio
  • San Benito
  • San Marcos
  • Seguin
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  • Victoria
  • Weslaco
 


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