Who covers the estate tax bill? Spell it out in an apportionment clause
Abstract: To ensure one’s estate tax bill doesn’t fall to the wrong beneficiaries, it’s important that a will or living trust include a carefully crafted tax apportionment clause. A poorly drafted clause may result in the collection of estate taxes from unintended beneficiaries or ambiguity over the payment of taxes, resulting in disputes or litigation. If one fails to plan for estate tax apportionment, the government has a plan. This article examines federal and state law in this regard.