The Estate Tax Clawback: Fact or Fiction. By Steven M. Weiser

If you have a moment, please read this article by Steven Weiser: The Estate Tax Clawback: Fact or Fiction. For the first time since 1935, the estate tax applicable exclusion amount is scheduled to decrease. This will occur after December 31, 2012. This decrease has raised concerns among some practitioners that those taxpayers who used a larger unified credit during 2011 and 2012 and die in later years will become subject to a “clawback” or recapture of transfer taxes at the time of death. This article posits that current law already ensures that a clawback will not occur. Article reproduced by permission, Colorado Bar Association, 41 The Colorado Lawyer 87 (September 2012). All rights reserved.