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The Law Offices of Alan E. Sohn Chartered

Lifetime Exclusion Change – Let’s Plan for your Future

  • By: Alan Sohn
  • Published: August 1, 2024

The current Lifetime Exclusion for federal estate taxes is scheduled to expire on December 31, 2025, and will return to its pre- 2017 level of $5.5 million adjusted to approximately $7M for inflation. The current exemption is $13.6M. While it is possible that as in 2013, when the then President and Congress
reached a compromise and enacted legislation which prevented the exemption from being reduced
from $3.5M to $1M as it was then scheduled, it does not seem as likely for such a compromise to be had
under the current deeply divided political climate. Therefore, it is not too soon to at least consider
designing, and possibly implementing, a plan for this eventuality.

Some ideas to include in this plan are:

  • Creation of an intentionally defective grantor trust to which you sell and/or gift assets to your
    children and descendants
  •  Creating a spousal lifetime access trust to shelter assets from estate taxes
    If you own a business, gifting and/or selling at a discount, fractional interests, either voting or
    nonvoting, to family members who you believe are qualified to carry on the business after you
    retire or upon your death.
  • Create a family limited liability company to which you transfer business or investment assets
    and then gift and/or sell at a discount, fractional interests to family members.

There are a number of other ideas that may fit your needs and circumstances. If you would like to
discuss which are designed to fit your particular circumstances, I shall be pleased to discuss them with
you.

Alan E. Sohn

Alan E. Sohn received his Juris Doctorate from the College of Law of the
University of Illinois. Mr. Sohn has been a partner in both large and
smaller law firms and for the past 21 years has been in private practice.