Electing portability can be an important part of an executors duties, but the process can be daunting for executors that are not familiar with the process. In addition to the necessity to file Form 706 within nine months after the spouse’s death, the length of the form alone, which totals 31 pages, can be intimidating for an executor. One way of reducing the shock and avoiding the problem of the executor simply not being aware of portability is to include a requirement for the executor to elect portability and for whom in estate-planning documents.
See Deborah L. Jacobs, The Tax Break That Doesn’t Die With You, Morning Star, Feb. 27, 2015.
Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.
