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ESTATE-PLANNING-LAW5 MIN READ

Should We File for Portability?

Assess whether a portability election should be considered after the first spouse dies.

Zero tax, real decision The first spouse's estate owes no tax, but the surviving spouse has growth and inheritance risk. The filing decision is about preserving optionality under the estate tax framework. Decision walk Tax due -> unused exclusion -> future exposure -> deadline A portability election may be valuable because it preserves a future tax asset. Shortcut No tax due means no filing analysis. The family sees a business decision, not pointless compliance. Option value can justify compliance even when current tax is zero. Current estate Step 1 Jordan's taxable estate is well below the filing threshold. What do…

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