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Elaine Gagliardi on Deceased Spousal Unused Exclusion Amount

Planning necessary to achieve full use of both spouses' applicable exclusion amount depends upon whether estates of decedents are able to take advantage of the deceased spousal unused exclusion amount. In this Analysis, Elaine Gagliardi discusses estate planning to use both spouses' applicable...

Determination of the Applicable Exclusion Amount

For decedents dying in 2011 and 2012, the applicable exclusion amount is comprised of the "basic applicable exclusion amount" and the "deceased spousal unused exclusion amount" (DSUE amount) The basic applicable exclusion amount equals $5 million in 2011. [ IRC § 2010(c)(3)(A...

Elaine Gagliardi on Determination of the Applicable Exclusion Amount

In this Analysis, Elaine Gagliardi discusses determination of the applicable exclusion amount available to estates of decedents dying in 2011 and 2012. In particular, Notice 2011-82 provides guidance as to how to preserve the deceased spousal unused exclusion amount and how to make the election. Ms....

Planning With Portability

Portability with respect to the Deceased Spousal Unused Exclusion Amount makes portability an unreliable planning tool at best; nonetheless, planners should consider whether portability can be used to the advantage of clients given stated testamentary desires... [1] Introduction Spousal portability...