When does Death Tax Apply?
Under current legislation, beginning January 1, 2011, estate taxes apply to any estate valued over $1 million. It is expected that new legislation will be passed to change this amount. Currently, in 2010, no estate tax is applicable to estates of decedents passing in the calendar year 2010 (it is possible however that Congress may enact a retroactive estate tax effective January 1, 2010). When property is transferred to a surviving spouse (who is a US citizen) or to a charitable organization, no death taxes are applied.