Repeal of Estate Tax May Warrant a Fresh Look at the Use of Disclaimers to Avoid Death Tax

The end of the estate tax during 2010 might only be a temporary reprieve. As the law now stands, beginning in 2011 estates valued above $1,000,000 will be subject to estate tax at very hefty rates rising as high as 55%. This circumstance suddenly creates the real possibility that the estates of surviving spouses who inherit more than $1,000,000 will ultimately incur a significant estate tax when they later die and before their estate moves on down to the couple's ch...

Gene L. Osofsky