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States Beefing Up Estate Taxes in Anticipation of Federal Reduction or Repeal

Yes, it looks like the chances are good Congress may put down (or at least "de-claw") the federal estate tax. But according to a recent article in The Wall Street Journal, individual states, desperate for revenue, may seek to head repeal off at the pass, strengthening their own estate taxes in order to counter the hit to their budgets a federal estate tax cut or repeal might cause.

About a third of states have taken some action to shore up their estate taxes. This includes separating the state estate tax systems from the federal system. Connecticut, Washington, New York, Illinois, New Jersey, and Massachusetts, just to name a few of the largest, all now have their own estate tax systems.

Estate planning advisors are starting to advise their clients with this in mind, some even recommending moving to a different state. But this is not a decision to be made rashly. For one thing, not only your state of residence but also any state where you might own real estate, may determine whether you have to pay estate taxes.

It appears the fear of federal repeal on the part of states may actually create even more complications for large estates hoping to avoid estate taxes. Now, more than ever, it is imperative to seek qualified estate planning counsel to make sure your assets are properly protected.

Source: Wall Street Journal, 6-29-05

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