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$2 million exemption(that would no longer exist, but would be given effect)to the various assets in the person's estate. In other words, loss of the stepped-up basis would occur, except for the $2 million, in effect, being a substituted stepped-up basis amount to be add to a variety of assets. For people with small estates, the additional exemption added to the cost basis would increase the relevant basis to the fair market value, for future reference. However, I believe that the larger estates would still have to file something with the Treasury Department, because the heirs would have to choose how to allocate the $2 million substituted exemption. There just wouldn't be any federal estate tax at the estate level. There would still have to be a listing of assets (and possibly liabilities?), so lawyers would still have a function in the process. They may have to referee between the heirs in any specific allocations Of course, the medium-sized estates would also have to be valued, to determine whether any portion of the substituted exemption is applicable. And the original basis of certain assets would have to be determined, from often non-existent records, and the information would have to be provided to the heirs. And there is no guarantee that the states will abide by any of these new proposals, since currently the states determine their share with reference to the federal estate tax return. In the final analysis, such a change could create a big mess, and add cost to the administration of estates.
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