Written by Jeremiah W. Doyle IV, JD, LLM

Internal Revenue Code (I.R.C.) section 6166 allows an executor to defer the payment of the federal estate tax attributable to the interest in a closely held business. The deferred payments may be extended over a period of up to fourteen years and nine months following the death of the business owner. With an estate tax exemption of $12.06 million in 2022, many estates can pass free of federal estate tax, making a section 6166 election unnecessary for the value of a business interest included in the gross estate. However, with the estate, gift, and generation skipping tax exemption scheduled to be reduced to $5 million (indexed for inflation) beginning January 1, 2026, a section 6166 election may become valuable for more estates holding an interest in a closely held business. Thus, it is probably time to dust off a copy of section 6166 and review its complex and somewhat ambiguous provisions.

The Challenges of Planning the Client’s Legacy of Place and Togetherness

Written by Timothy Borchers

The vacation home . . . It evokes an image of family and friends enjoying time together at a cottage or cabin, lodge or ranch, somewhere away from it all—the lakeside or seaside, in the country, or on the slopes—in a scene that is repeated year after year. 

It could be a Hyannis Port compound like the Kennedys’ or equivalent to Shrek’s shack in the swamp, but more likely, it is something in between. Regardless of whether it is modest or upscale, when everyone from Grandpa down to the youngest grandkid says in a giddy moment, “This place is awesome! I hope we can enjoy it forever!”, it is not just a home, it is an heirloom property.

Real property is the primary asset in many estate plans, and it warrants special attention. The distribution of cash and family heirlooms is relatively straightforward compared to real estate, which is often accompanied by a mortgage and insurance. As an estate planning attorney, you should use caution when transferring real property to a trust or to entities such as limited liability companies (LLCs) due to the many moving parts. Read on to learn about three mistakes to avoid when transferring real property.