In Massachusetts, the taxable gifts are added back into estates to determine whether an estate tax return must be filed even if the estate is below $2 million and no tax is due.
Under the new Massachusetts estate tax law, out-of-state real estate is included in determining whether the estate exceeds the $2 million threshold, but the tax owed is reduced in proportion to the value of the out-of-state property.
Proposals from Gov. Healey, the House of Representatives, and one state senator to increase the threshold for Massachusetts estate taxation differ widely in their effect on larger estates and state revenue.
While it can make sense for a will to direct that all estate property be sold and the proceeds distributed, it can also result in higher capital gains taxes for the beneficiaries.