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August 24, 2010
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Estate Planning News

 

 

Congressman Aderholt Votes To Eliminate Death And Estate Tax  

WASHINGTON, DC -- Congressman Robert Aderholt (R-Haleyville) today voted in favor of the Permanent Estate Tax Relief Act of 2006.  This legislation, which passed the House by a vote of 269 to 156, helps America’s small-business owners, farmers and ranchers by providing them with a permanent solution to the estate tax.

“Many families work their entire lives to build a farm or a small business.  Following a death, they shouldn’t be forced to pay a second set of taxes on assets for which they’ve already paid taxes on in life,” said Congressman Aderholt.  “This is double taxation and I believe that most people believe it is clearly unfair.”

The estate tax relief provided in the Economic Growth and Tax Relief Reconciliation Act of 2001 is scheduled by law to end in 2010.  Without Congressional action, in 2011 the estate tax exemption will drop to $1 million per person and the maximum estate tax rate will increase to 55 percent.  The Permanent Tax Relief Act of 2006 provides permanent estate and gift tax relief.

Congressman Aderholt continued, “By unifying the estate, gift and generation-skipping transfer taxes, we are giving individuals greater flexibility to make estate planning decisions during life.  Also, by providing a $5 million per person exemption level that is indexed for inflation, we are voting to protect the vast majority of small business owners and American farmers from paying any estate tax, period.”

Many economists have noted that the death tax penalizes savings and makes it more difficult for small business owners and farmers to pass on their life’s work to their families.

H.R. 5638, the Permanent Estate Tax Relief Act of 2006, reunifies the estate, gift, and generation-skipping transfer taxes and increases the estate and gift tax exemption to $5 million per person.  In addition, married couples can carry over any unused part of their spouse’s $5 million exemption.  For estates between $5 million and $25 million, the rate of tax will be the same as the capital gains tax rate.  On estates valued at more than $25 million, the top marginal rate of tax will be double the capital gains tax rate.

Contact our Oklahoma estate planning attorney now.

 
Did You Know?    
 
 
A Will, is sometimes called a "Last Will and Testament"
Used to transfer property you hold in your name to the person(s) and/or organization(s) you want to have it. A Will also typically names someone you select to be your Personal Representative (or "Executor") to carry out your instructions and names a Guardian if you have minor children. A Will only becomes effective upon your death, and after it is admitted to probate.

 


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Latest news about Financial & Estate Planning in Oklahoma and nationwide:

Living-Wills Legislation Gains Broad Support
WASHINGTON - There's growing support among Democrats and Republicans in Congress, and key advocacy groups, including the AMA, to pass legislation t...
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Economic Benefits Of Estate Tax Repeal Should Be Made Permanent
WASHINGTON, D.C. - The positive effects of repealing the estate tax should be made permanent, Vice Chairman Jim Saxton said today in releasing a ne...
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Death Tax Laws Once A Death Occurs
Income Tax: Even after death, federal income taxes are still due by the April 15 deadline, just as they would be if the person was alive. If t...
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Estate Planning Terms

 


Today's Terms

Family Limited Partnership

Definition:
A legal partnership agreement between members of a family for the management and control of property for the benefit of family members. Sometimes used to minimize transfer taxes.

Exemption Credit

Definition:
The amount of tax credit, similar in nature to the personal income tax exemption, applied to the transfer tax due at a person's death.

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.

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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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Oklahoma 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:

  • Ada
  • Altus
  • Ardmore
  • Bartlesville
  • Bethany
  • Broken Arrow
  • Chickasha
  • Choctaw
  • Claremore
  • Collinsville
  • Duncan
  • Durant
  • Edmond
  • El Reno
  • Enid
  • Guthrie
  • Lawton
  • Mcalester
  • Miami
  • Muskogee
  • Mustang
  • Norman
  • Oklahoma City
  • Okmulgee
  • Owasso
  • Ponca City
  • Sand Springs
  • Sapulpa
  • Shawnee
  • Stillwater
  • Tahlequah
  • Tulsa
  • Yukon
 


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