Trusts & Estates

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Trusts & Estates

Finally… Clarity with Portability

by Jeremiah H. Barlow, JD | Trusts and Estates Law Faculty, WealthCounsel

As estate planners, we are all very familiar with the concept of portability. However, since 2010 when it was first introduced, there has been confusion and concern about its future and requirements of use. Finally in June 2015, the IRS produced finalized regulations on portability. After five years of ambiguity and temporary regulations, the 2015 final regulations have ushered in a new season of clarity for portability.

These new regulations provide much-needed guidance for practitioners. Download this article to learn more about:

  • Filing timelines and other requirements;
  • DSUE calculations;
  • How remarriage affects the election;
  • How it works with Qualified Domestic Trusts (QDOTs) and non-citizens:
  • Some existing unknowns, such as the validity of QTIP elections.


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