The Grossman Law Firm, A.P.C. are Riverside, California probate lawyers.  We help probate estates in Riverside County, California.  We appear in the Riverside probate court for cases in the area bounded by Temecula, Corona, and Banning, California.  We appear in the Palm Springs/Indio probate court for cases from Palm Springs, Palm Desert, Rancho Mirage, Desert Hot Springs, Cathedral City, Indian Wells, and Indio, California.  If you  would like more information on probate and trust administration then order our free book The Insider's Guide to California Probate and Trust Administration as well as our free DVD Probate a Will or Administer a Trust After the Death of a Loved One.

Estate tax repeal means some spouses are disinherited

Posted on Jan 02, 2010

Estate tax repeal may result in surviving spouses being unintentionally disinherited.  This results from Congress spectacular failure, with 10 years warning, to pass a successor estate tax law to the one that allowed the estate tax to expire for 2010.

Spousal disinheritance may occur under wills and trusts that have pecuniary funding formulas to determine how to fund the decedent's trust for estate tax purposes.  With no law having been passed to implement an estate tax, the decedent's share is now unlimited.  Under the old law there was a built in assumption that the decedent's share would be capped and the "overage" would go the surviving spouse.  The current state of the law may be a real quandry for some surviving spouses.

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