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December 3, 2025 • 15 mins
This week, Todd Lutsky explains how trusts help you avoid estate taxes and managing cash gifts to children.
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Episode Transcript

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Speaker 1 (00:01):
This is Asked Todd on the Financial Exchange Radio network.
If you have an existing estate plan or in the
market for one, Todd Lutsky is here to answer your
questions and help you plan for a later life. Ask
Todd is presented by Cushing and Dolan, serving Massachusetts and
New England for more than thirty five years, helping families
with a state and tax planning, Medicaid planning, and probate law.

(00:22):
Visit Cushingdolan dot com. Now here's Todd Lutsky.

Speaker 2 (00:28):
As promised, we are now joined by the one and
only Todd Lutsky from the law firm of Cushing and Dolan.
Segment is called Ask Todd Bicutt because it is your
chance to ask Todd your estate planning questions. And we've

(00:49):
got phone lines open at eight eight eight to zero
five two two six three. Again that number is eight
eight eight two zero five two two sixty three. We
get through two to three questions, so make sure you
get calling early and often so you can speak to Todd. Todd.
How you doing today?

Speaker 3 (01:07):
I am doing great and you.

Speaker 2 (01:09):
I'm doing pretty well. I just finished writing a book
on penguins.

Speaker 3 (01:13):
You like penguins.

Speaker 2 (01:14):
It would have been easier if I wrote it on paper. Yeah,
that's true, but you know, we'll do what we can.
Todd want to talk to you a little bit about
is state taxes when it comes to trusts, how can
they help manage estate tax payments or how much is
owed on a state taxes both at the federal and

(01:35):
state level.

Speaker 3 (01:37):
So the rule is that if you leave every and
this is really the trust by the way, from an
estate planning standpoint, and taxes, you know it's they only
work to double your exemption if you're married. Right, If
you're single, you we all have our own exemption and
the goal is to use our exemption either before we

(02:00):
die by gifting if that's appropriate for you, or when
you die through sheltering in trusts. If you are single,
you only have one exemption, so you can't double it
as a single person. Just to make that clear. So,
as a married couple, when one spouse dies, if you've

(02:21):
got the trust in place, right, let's start with. Not
having the trust in place might be easier. If you
don't have the trust in place, all the assets will
simply just pass to the survivor under something called the
marital deduction. It's an unlimited marital deduction. What that means
is that you can leave as much as you want

(02:42):
between spouses and there's no tax, federal or state death tax. Which,
of course, if the government's giving us this thing, it
can't be good for us, right, It's generally good for them,
so we need to figure out how to use it.
It's good for them because now the survive has all
the assets and has successfully pushed the surviving spouse's estate

(03:08):
into as high a possible bracket as it could be.
Hoping that when the survivor dies that the value of
the survivor's estate exceeds the exemption. We would hope both
federally and state. Now sometimes it might not exceed the
federal but it would exceed the state. Remember, the state
exemption is only two million, and the federal exemption is

(03:29):
going to be fifteen million. Come January one. It's thirteen
point nine to nine million today. When I tell you
what these exemptions are, they are the amount of assets
that you can leave to somebody other than a spouse
and not pay tax. Go over that and you pay tax. Okay,

(03:50):
that's a little bit about the exemptions. If you're married
and you have a trust now you put assets in
the trust, even if it's a joint trust like we're
talking about last month. You put assets in the trust
on the first death. You allocate assets to a remainder
share and a marital share, and these buckets are designed

(04:10):
to hold the assets for the surviving spouse, but subjecting
them to tax on the first death in a manner
that will never result in tax, never result in an
amount more than either the federal or the state exemption. Therefore,
no tax is due on the first death, and then
on the second death. The assets are held in this

(04:31):
trust for the survivor's benefit, but they don't own them. Therefore,
when the survivor dies, they are not taxed in the
survivor's of state again federal or state based on the
remainder share or the marital share numbers. So that you've
claimed and sheltered those assets from future taxation. And that's
how you use the estate tax exemptions.

Speaker 2 (04:53):
Talk with Tod Aleutski from Kushingen Dolan Still have room
on the phone lines at eight eight eight to zero
five two two sixty three. That is the number to
call to ask Todd your estate planning questions. Live on
air right now eight eight eight to zero five two
two six three is the number. We're gonna take a

(05:14):
quick break here, but when we return we are going
to get right to your questions with Todd. That number
is eight eight eight to zero five two two six three.
Again it is eight eight eight two zero five two
two six three. Quick break, Then your questions with Todd.

Speaker 1 (05:33):
Ask Todd with Todd Lutsky every Wednesday at ten thirty
only here on the Financial Exchange Radio Network. You're listening
to Ask Todd with Todd Lutsky on the Financial Exchange
Radio Network.

Speaker 2 (05:59):
Talk with Todd Lotski from the law firm of Kushinggan Dolan.
We got room on the phone lines at eight eight
eight two zero five two two sixty three for your
estate planning questions. It's your chance to ask them to
Todd again. That number is eight eight eight to zero
five two two sixty three. Todd. Let's say that you've
had legal work done. How do you know if the

(06:20):
work that you've had done, the trust that you've had produced,
have the necessary components to manage state and federal estate taxes.

Speaker 3 (06:29):
So you know, you always hope that your trusts are
drafted right. You know, I get it that certain lawyers
maybe it shouldn't be doing a state tax planning and
do it anyway, and maybe they're not right. So I've
heard these stories, so you're right to ask the question.
I think the way to do it would be when
you when you look at your trust, there's going to

(06:51):
be a paragraph that says what happens during the donors
life or something to that effect. Let's say during the
donors' life, and then read it and it'll show you
what you can do. So let's assume the trust is
revocable for the moment. It'll show you what you can
do and what you can't do. Then look and this

(07:11):
is whether it's irrevocable or revocable, so either trust. Then
look a little further down, and it's usually in the
first couple of pages, so you're not digging deep into
the document. You know, look a little further down and
you're gonna find a paragraph that says, upon the death
of the donor or if it's a joint trust, upon

(07:35):
the death of the you know, first donor to die,
there will be a marital share and a remainder share.
Look right after that, it'll say it breaks down into
these buckets if it has these two buckets, or or
a marital share, a special marital share, and a general

(07:55):
marital share. If it has these three buckets broken down
without trying to understand the formula, which I don't want
you to try to understand, just know that likely with
those buckets there, the correct formula will be in there
to take care of the estate tax. That's the buckets
you're looking for in order to do this. But you

(08:16):
know what, folks, that's a great question, because the guide
we're giving away this month is balancing asset protection and
avoiding estate taxes. It talks about portability, the pros and
cons of electing portability, which is exactly the exemptions dealing
with the unused exemption of this first spouse to die,
which is what we talked about earlier when Chuck asked

(08:37):
a question, and it also explains exactly the way to
calculate your estate tax. It talks about a revocable trust
and all three of these buckets, how they're funded, how
they're designed, and you could put your own numbers in
and see what tax liability you would have. It also
then breaks down into a smaller section dealing with irrevocable trusts,

(09:00):
and how the marital shares and remainder shares work in
those trusts to shelter estate taxes and at the same
time protected from the nursing home. So I think you'll
get your answers a little something for everyone in this guide. Folks,
call and get it. It's brand new for the month
eight six six eight four eight five six nine nine

(09:21):
or Legal Exchange show dot com. You can download it
right there again eight six six eight four eight five
six nine nine or Legal Exchange Show dot com.

Speaker 2 (09:31):
Todd got a caller on the line for you. Let's
go to George in Wuburn. George, what's your question for
Tom Lutsky?

Speaker 4 (09:39):
Hi question on gifting. My wife and I have three
adult children, and I was wondering we can give nineteen
thousand dollars each thirty eight thousand dollars to each kid annually.
I believe if that's not taxed, is that a better strategy?
Then at some point, you know it would be in

(09:59):
the in their inheritance to do an annual thirty eight
thousand gift to each kid.

Speaker 3 (10:06):
Well, it kind of a function. It's great question because
gifting requires a little bit more of an analysis. So
let me just ask you a question in terms of
your overall estate, real estate, money, IRA's investments, life insurance,
death benefit. Give me a round number, what do you
think you're worth? Four million? Ish? Okay, So if you're

(10:28):
right at four million, and you're a married couple with
proper estate planning, we should be able to completely eliminate
your Massachusetts estate tax. Remember it's a two million dollar
exemption each. I can't say for sure because I don't
know exactly the type of assets, like how much are
iras and how much are not iras and things like that,

(10:50):
but we're pretty close to being able to eliminate your
mass estate tax even without making the gift. Even without
making the gift. Now, that's the state analysis. The federal
analysis is the exemption is thirteen point nine million each,

(11:11):
So obviously you're way below that number. So the first
thing we would say is there's no tax reason for
me to make a gift to save federal estate taxes
because I'm way under it. So that forty percent not
an issue Massachusetts. We turn our attention back to that
and say, well, if we go over the four million,

(11:33):
let's say we're at four point five million, well the
tax will occur on the amount over the exemption, So yeah,
we could have some tax there. The next question would
be what's the rate. Well, yeah, it's about ten eleven
percent on the amount over the exemption. Okay, well, you know,

(11:53):
if it's five hundred thousand, it's you know, fifty grand
I mean yeah, I mean it's taxes. I don't want
to pay it. I get it. But is it worth it?

Speaker 1 (12:02):
Right?

Speaker 3 (12:02):
Is it worth it? Now? For the nineteen thousand dollars apiece,
I assume you're giving away. Would it be cash you're
thinking about giving?

Speaker 1 (12:11):
Yeah?

Speaker 3 (12:11):
Okay, So then if it's cash you're thinking about giving,
you're giving it and it's not going to cause a
problem at all. Okay. Why it's not going to cause
a problem is because cash is cash, and there's no
built in gain in the cash, cause you have to
think about capital gains tax when you make gifts, and
gift tax okay, so, and state tax. So since you're

(12:34):
you know, at that realm, if you're giving away the
cash and it makes you feel good again, I get it,
giving away stuff while I'm alive, letting my kids enjoy it,
letting them see it, and I see them enjoying it.
While I'm alive. There's a benefit to that. I like it,
and we can make that gift. And for the nineteen
thousand per year per person that you mentioned, As long
as it's cash, there's no problem. There's no filing a

(12:58):
gift tax return, there's no reporting anything, and there's no
paying any tax. Just write them a check and go
about your business and that can work. But again, if
you're doing it because it feels good, that's fine, but
it doesn't need to be done. So I'm just going
to expand the question a little bit for everyone else.
You know, folks, if if I was at five million

(13:21):
dollars in an estate and I wanted to bring my
estate down to four million so that I save the
mass tax, it's okay. You can do that by making
a gift, but you have to compare what it is
you're giving. Like here, George's doing a great deal. Giving
us away cash is no problem. But what if I
had a million dollar vacation home that I wanted to

(13:42):
get out of my estate that's worth five million, and
I want to bring it down to four million, so
I give away this one million dollar a piece of property,
and well, Todd, won't that work? I'll be now at
four million and I'll have no estate tax.

Speaker 1 (13:55):
Yeah.

Speaker 3 (13:55):
I think ultimately with the new rules it will work. Right,
that will reduce your estate. And let's say we saved
the estate tax. How much would the estate tax be
and MASS on a five million dollar estate, let's call
it about one hundred thousand. Right, But what if this
vacation home that I'm giving away because that's ten percent

(14:16):
of the amount over has a built in gain. Maybe
I bought it for two fifty it's worth a million.
I got seven hundred and fifty thousand of built in gain. Well,
if I give that away, yeah, I saved the one
hundred thousand in mass estate tax. Sounds great, But my
kids now have a piece of property with a built
in gain of seven point fifty. The tax on that

(14:38):
is somewhere around two fifty two hundred and fifty thousand
dollars of tax because it's built in gain on the
seven to fifty. Instead, I might tell that person keep it.
I'm happier dying owning it, giving MASS one hundred thousand
dollars because then when my family inherits it, they get

(14:59):
a brand new base to sequal a fair market value
and I save the two hundred and fifty thousand in
capital gains tax. So lots to think about when you
give folks, what you're giving and how to gift very important.

Speaker 2 (15:10):
Mister Wutski, thank you so much for joining us today.

Speaker 3 (15:13):
Always a pleasure. Thank you.

Speaker 1 (15:15):
This has been Asked Odd on the Financial Exchange Radio network.
Ask Todd with Todd. Lutsky has been presented by Cushing
and Dolan, serving Massachusetts and New England for more than
thirty years, helping families with the state and tax planning,
Medicaid planning, and probate law. Call eight hundred three nine
three four thousand and one or visit Cushingdolan dot com.
The views expressed in this segment are solely those of

(15:36):
Cushing and Dolan. Armstrong Advisory does not provide any legal
or tax advice. Please consult with your legal or tax
advisor on such matters. Cushing and Armstrong do not endorse
each other and are not affiliated.
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