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Gift Taxes

Can I just give all my property away before I die and avoid estate taxes?


No. The government long anticipated this one. If you give away more than $12,000 per year to any one person or non-charitable institution, you are assessed federal "gift tax," which applies at the same rate as the estate tax.

Making gifts of less than $12,000, however, can yield substantial estate tax savings if you keep at it for several years. Some other kinds of gifts are exempt from the gift/estate tax as well. You can give an unlimited amount of property to your spouse, unless your spouse is not a U.S. citizen, in which case you can give away up to $101,000 per year free of gift tax. Any property given to a tax-exempt charity avoids federal gift taxes. And money spent directly for someone's medical bills or school tuition is exempt as well.

Mr. Tobin assists clients in leveraging the ($12,000.00) annual exclusion by drafting special insurance trusts which escape both income taxation and estate taxation.

Contact the law office of Adam J. Tobin to discuss your personal gifting objectives.

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Adam J. Tobin offices are located at 809 Turnpike Street, North Andover, MA 01845. Elder Law council and other services are offered for the Essex County, Middlesex County, Worcester County and Suffolk County in Massachusetts communities.

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