UNDERSTANTING & EFFICIENTLY USING JOINT REVOCABLE TRUSTS TO MAXIMIZE MA $2M EXEMPTION FOR ESTATES UNDER $15M

Discussion Leader: Todd E. Lutsky, Esq., LL.M. – Cushing & Dolan, PC
Date/Time: Sep 29, 2026
8:30 am - 12:00 pm
Location: Cushing & Dolan, PC (in person) or Zoom LVC
400 Fifth Avenue, Ste 400
Waltham, MA 02451
Details:

A deep dive into the everchanging Massachusetts estate tax legislation from 2023 to present, and how best to use this new 2.0 exemption for estates under 15.0 thru the use of joint revocable trusts.

On October 4, 2023, Massachusetts finally increased its $1,000,000 estate tax exemption to $2,000,000 per decedent. Interestingly, the new exemption amount applies to decedents who died on or after January 1, 2023, effectively making it retroactive. Estate tax returns are due, together with any payment, nine months after the date of death, which means the estate tax returns and payment would have been due October 1, 2023. Unfortunately, Massachusetts did not adopt portability. This makes planning for married couples even more important than ever. What changes did law make to the so-called Cliff Effect and if changed how does it impact gifting to reduce the mass estate tax?

Then in 2024 there was a change to finally correct how to deal with out of state property for instate residence as well as how deal with in state property for out of state residence. How the use of LLCs play a role in dealing with such properties and weather they are even needed in all cases anymore?  In August of 2025 they changed the law again to eliminate the mass only Qtip election.  However, some planning opportunities remain for spouses who have died prior to the law change where a mass only Qtip was made and the surviving spouse dies either before the August law change and maybe even after it.  This program will examine these details and more of the new law, filing requirements, and planning opportunities.

We will also explore how best to uses these exemptions thru the use of joint revocable trusts for estates under 15.0 million. Furthermore, we will show how these trusts work to get a full step up in basis on the first death and maybe a double step up on the second death. Finally, how these trust work to take advantage of the mass only Qtip when possible.

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Registration Form: 2026 Fall CPE Registration Form

CPE Credit Hours: 4