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A Guide to Post Mortem Planning and Its Impact on Estate and Trust Administration  


Author:  John H. Turner, III.; Heather Hoch Szajda.; Farhad Aghdami.


Source: Volume 26, Number 03, Spring 2009 , pp.41-59(19)




Journal of Taxation of Investments

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Abstract: 

Much of the focus in estate planning is placed on strategies implemented during a client’s lifetime. Many clients are surprised to learn of the numerous planning opportunities that exist after death. While proper lifetime planning is vitally important, post mortem planning can often be used to “fix” lifetime planning errors, address unexpected circumstances, and make good lifetime planning even better. This article provides a general overview of several planning tools that are implemented after a client’s death, including disclaimer planning, valuation elections, options in the payment of estate tax, and post-mortem income tax planning.

Keywords: Disclaimer planning; valuation elections; estate tax payment options.

Affiliations:  1: Williams Mullen; 2: Williams Mullen; 3: Williams Mullen.

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