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Tips From the Pros: Assessing the Proper Role of Portability

Charles A. Redd compares portability to the traditional credit shelter trust model.

One of the most important aspects of the 2012 Tax Act1 for estate-planning professionals is that it made portability permanent (to the extent anything emanating from Washington can be said to be “permanent”).2 The term “portability” is shorthand among estate planners for the ability of a predeceased spouse’s executor to transmit to the surviving spouse the predeceased spouse’s deceased spousal unused exclusion amount (DSUEA). As a result, measured by 2020 numbers,

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