This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #1880.
Portability has been trumpeted by some in the media as one of the most significant estate planning benefits of The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (“TRUIRJCA”), which was created in Sections 302(a)(1) and 303(a). Practitioners know otherwise. But knowing is not enough. Portability creates a number of significant malpractice risks which practitioners may be best advised to guard themselves against.
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