The problem arises when the document is silent about making gifts, as this case shows. An elderly father in poor health gave his son power of attorney over his assets. Just before the father died, the son wrote checks for $11,000 (the maximum amount of the annual gift tax exclusion then) to 17 family members. The gifts must be added back to the estate for federal estate tax purposes, as a district court says, rejecting the son's deathbed estate planning. The gifts he made weren't specifically authorized by the power of attorney are unauthorized (Barnett, D>C>, Pa.) The problem could have been avoided had the document said gifts were OK.
Wednesday, August 5, 2009
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