One of the most perplexing problems facing planners today is how to deal with the current estate tax provisions. The Economic Growth and Tax Relief Reconciliation Act of 2001 has been fodder for count less jokes. As one estate tax attorney stated, the only concrete plan is for the client to decease in 2010. As we all know, the controversial sunset provision reverses all of the act's changes in 2011 by restoring the tax rules in effect before enactment of the law. Hence, while the act totally repeals estate taxes in 2010, any client who survives beyond December 31, 20100, will again face an erosion of up to 60% of their taxable estate.

Survivorship Life and the "Sunset" Provision