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Life and Death DecisionsLife and Death Decisions

Executors of estates of decedents who died in 2010 face a tough choice under the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (the 2010 Tax Act). Should they elect to subject the estate to federal estate tax liability and get a step-up in basis of the assets or opt out of the estate tax into a modified carryover basis? (For more information on this election, see

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Susan R. Lipp and Dawn S. Markowitz

Executors of estates of decedents who died in 2010 face a tough choice under the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (the 2010 Tax Act). Should they elect to subject the estate to federal estate tax liability and get a step-up in basis of the assets or opt out of the estate tax into a modified carryover basis? (For more information on this election, see “The 2010 Tax Act Election,” by Michael J. Jones in our April 2011 issue, p. 18.)

Although there are some basic guidelines to follow when advising clients about this choice, each situation is different — much depends on the specific facts and circumstances of the client and the estate you're advising. To help yo...

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About the Authors

Susan R. Lipp - Moderator

Editor in Chief, Trusts & Estates Magazine

Susan R. Lipp is editor in chief of Trusts & Estates magazine, the WealthManagement.com Journal for estate-planning professionals. She oversees both the print and online version of T & E, as well as the monthly e-newsletter articles.
Susan served in leadership positions at Vendome Group, LLC (formerly Brownstone Publishers, Inc.) with editorial responsibility for publications and newsletters. Following her tenure at Vendome Group, Susan joined Community Housing Improvement Program (CHIP) as General Counsel, where she was editor in chief of its monthly newsletter and implemented initiatives to educate members on legal requirements. Susan began her career at Rosenberg and Estis, P.C., a real estate law firm in New York City.
Susan holds a Bachelor of Arts in Sociology from Brandeis University. She received her Juris Doctor Law degree from Hofstra University School of Law, graduating with distinction and having served as Associate Editor of the Law Review. Susan is admitted to practice law in New York State and is a member of the New York State Bar Association.

Dawn S. Markowitz

Legal Editor, Trusts & Estates

Dawn S. Markowitz is a legal editor at Trusts & Estates magazine. Prior to working at T&E, she was a legal editor at The National Law Journal and at the Institute for Continuing Legal Education. She was formerly a commercial litigator at Shea & Gould and Ashinoff, Ross & Korff, both in New York. She is licensed to practice law in New York.