The purpose of this chapter is to provide a clear, understandable evaluation of the current standards for awarding attorneys' fees in Illinois in estate administration and closely related matters, such as guardianship and will contest proceedings.
This article will describe and set forth examples of various fiduciary income tax planning strategies that are available after the Tax Reform Act of 1986, the Revenue Act of 1987 and the Technical and Miscellaneous Revenue Act of 1988. The article will also demonstrate that the tax savings from certain traditional techniques may now be so small as to be outweighed by the administrative costs of implementing them.
The phase in of the Massachusetts estate tax to a "pickup" tax system was completed in 1997. Under this system, each estate pays a state death tax in an amount equal to the maximum state death tax credit allowable for federal estate tax purposes. This so-called pickup tax reduces the federal estate tax by an equivalent amount; thus, there is no increase in the overall death taxes paid by the estate.
The Michigan estate tax imposes a tax on the transfer of the estate of both residents and nonresidents. On its face, the tax appears straightforward and, in effect, represents a relatively fair death tax approach. Nevertheless, it contains unexpected nuances.
Although a donor often wishes to be trustee of a trust to which he or she has contributed property, this can cause tax problems. This article analyzes when the donor may serve as trustee of a variety of commonly used trusts.
A buy-out agreement that provides for the installment purchase of a decedent's stock can protect the availability of the Section 6166 election to defer the payment of estate tax attributable to a closely held business interest.
The South Carolina estate tax, S.C. Code Ann.§ 12-16-10 et seq, imposes a tax on the transfer of the estate of both residents and nonresidents. Id., § 12-16-510, 520. (The South Carolina Estate Tax Act also imposes a tax on the transfer of the estate of aliens and includes a generation-skipping transfer tax. This article does not address these issues.) On its face, the tax appears straightforward and, in effect, represents a relatively fair death tax approach. Nevertheless, it contains unexpected nuances.