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In the current environment, with so many families below the estate tax thresholds, protecting assets from creditors, from the claims of a childโ€™s divorcing spouse and from capital gains tax is a bigger concern than estate taxes. The current high exemption environment is scheduled to sunset in 2026, but in the meantime, many couples with non-taxable estates have outdated estate plans.

Capital gain subject to income tax is generally calculated by subtracting the basis of the asset from sale price of an asset.ย โ€œBasisโ€ is generally the ownerโ€™s investment in an asset. Upon an individualโ€™s death, the general rule is that the beneficiaryโ€™s โ€œbasisโ€ in the assets passing from the decedent (other than retirement accounts) is โ€œstepped upโ€ to the fair market value of the asset at the decedentโ€™s date of death.ย This โ€œstep upโ€ in basis can be a powerful planning tool.

Attorneys at Frost Brown Todd are revising many clients’ estate plans that were drafted with the estate tax in mind to provide a “step up” in basis. To learn more about this topic and to view this article in its entirety, click here.