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What Value Is Included in My Gross Estate?All balances in both qualified and nonqualified pension,
profit-sharing, and stock plans are now included in the employees gross estate.
Prior exclusions were available for qualified plan distributions, but those provisions
were repealed for decedents dying after December 31, 1984.
The following comprehensive example illustrates the inclusion of pension benefits, use
of a life insurance trust, and optimal use of the marital deduction.
| Example: |
| Assume that Ella Estate has the
following assets and liabilities, and her will provides for the standard optimal marital
and residual trusts: |
| Life insurance |
x |
$ 300,000 |
| Qualified pension plan benefits |
x |
500,000 |
| House |
x |
400,000 |
| Other assets |
x |
1,300,000 |
| Total |
x |
2,500,000 |
| Less: |
x |
x |
| Debts |
$ 75,000 |
x |
| Administrative expenses |
__25,000 |
__(100,000) |
| Net assets |
x |
$ 2,400,000 |
If Ella Estate assigned the life
insurance to an irrevocable trust as described in Chapter 3 and named her husband as the
beneficiary of the qualified plan,
her taxable estate in 2006 would be computed as follows: |
| Qualified pension plan benefits |
x |
$ 500,000 |
| House |
x |
400,000 |
| Other assets |
x |
1,300,000 |
| Total assets |
x |
$ 2,200,000 |
| Less: |
x |
x |
| Debts |
$ 75,000 |
x |
| Administrative expenses |
25,000 |
$
(100,000) |
| Adjusted gross estate |
x |
2,100,000 |
| Optimal marital deduction |
x |
__1,100,000 |
| Taxable estate |
x |
$ 1,000,000 |
| Estate tax after unified credit |
x |
zero |
| In this case, the maximum allowable
marital deduction would be $2,100,000. However, from a tax viewpoint, the taxable estate
of the first spouse to die should not be reduced below $1,000,000, the applicable
exclusion amount. |
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