Property Included in the Calculation of the Federal Estate Tax

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Written by
Jeffrey Johnson
Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Reviewed by
Jeffrey Johnson

Updated July 2023

Every asset you have at death, and in any location, is counted. The IRS starts by tallying up your gross estate, which includes the value of your probate estate – the property owned by you at the time of your death – and the property passing outside probate on your death. The types of property included are: personal property, your home, business interests, life insurance death benefits, deferred compensation, stock options, IRAs, retirement plans, pensions, 401(k)s and profit sharing, investments, real estate, bank accounts, jewelry, works of art, jointly-owned assets, promissory notes, 50% of your community property, mortgages, and cash. Your gross estate also includes any taxable gifts given away before your death. (However, gifts under $15,000 per year per recipient are not counted in the calculation of estate taxes.) Then, the IRS subtracts your liabilities, such as loans, funeral expenses, debts owed at the time of death, legal and other estate administration costs and any charitable contributions made. Subtracted are those assets passing outright to a surviving spouse because of the rule which permits an unlimited amount to pass to a spouse with no estate tax burden. The balance, if any, will roughly estimate your taxable estate.

Case Studies: Estate Tax Planning and Considerations

Case Study 1: Estate Tax Calculation for John, a Business Owner

We explore the estate tax calculation for John, a business owner with a diverse portfolio including business interests, real estate, and investments. We analyze how these assets are included in the gross estate and deductions made to estimate the taxable estate.

Case Study 2: Estate Tax Planning for High Net Worth Individuals Like Sarah

We delve into estate tax planning strategies used by high-net-worth individuals like Sarah. We discuss the significance of gifting and leveraging exemptions to minimize estate tax liabilities. We also examine the impact of different asset types and the importance of comprehensive estate planning.

Case Study 3: Estate Tax Considerations for Blended Families, Including Mark

This case focuses on the estate tax considerations faced by blended families, including individuals like Mark, who have children from previous marriages. We explore the challenges of balancing the interests of the current spouse and the children from previous relationships. Additionally, we examine strategies to ensure a fair distribution of assets while minimizing estate tax implications.

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