Colorado Probate Blog - Wade Ash Woods Hill & Farley, P.C.

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Certain Changes Effective in 2019

The gift, estate and generation-skipping exemptions are $11.4 million per taxpayer in 2019. Keep in mind that if a Credit Shelter Trust was earlier created at the death of a family member, that trust ordinarily will not be included in the estate of the beneficiary. With the larger estate tax exemption, the family may not care about estate tax inclusion, but they may want a “stepped up basis” for the assets in the trust at the death of the current beneficiary to minimize capital gains taxes. If this applies to your situation, you probably need to take some actions now in order to obtain the stepped-up basis for the trust assets on the death of the current beneficiary.

The gift tax annual exclusion is unchanged at $15,000. The Colorado family allowance and exempt property increased to $34,000 each, and the amount that can be collected with a Small Estate Affidavit is $68,000.

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