Product Description

On October 4, 2023, Massachusetts increased its $1,000,000 estate tax exemption to $2,000,000 per decedent. The new law was retroactive for decedents who died on or after January 1, 2023. The new law, however, did not adopt portability nor did it address the constitutionality of Massachusetts seeking to impose an estate tax on non-Massachusetts real estate.

The new law ignored the case of F. Davis Dassori v. Commissioner of Revenue, Docket No. MI-14E00-42GC (Middlesex Probate & Family Court June 30, 2016) where the Commonwealth conceded that taxing non-Massachusetts real estate was unconstitutional. On September 19, 2024, the Massachusetts Legislature finally acknowledged the unconstitutionality of taxing non-Massachusetts real estate and amended G.L. c. 65C, § 2(a). The amendment was effective for decedents dying on or after January 1, 2023, but the statute itself has been unconstitutional forever. Notwithstanding these unconstitutional infirmities, the Department of Revenue has chosen not to update its Form M-706, the instructions online, nor frequently asked questions.

In May 2025, the Massachusetts Legislature introduced another proposed amendment to G.L. c. 65C, § 2(a) to close a “loophole” dealing with Massachusetts-only QTIPS.

We explore in detail the computation of the Massachusetts estate tax under the new law, the benefits of gifting, the elimination of the “cliff effect”, and the treatment of Massachusetts real estate for non-residents using LLCs.

Agenda & Materials

• 12:00pm - 12:05pm

  Welcome and Introduction

  Leo J. Cushing, Esq., Cushing & Dolan, PC , Waltham
  
• 12:05pm - 12:10pm

  Review of the New Law’s Language which Focuses on the Determination of Federal Gross Estate and the Computation of the State Estate Death Tax Exemption/Credit

  Leo J. Cushing, Esq., Cushing & Dolan, PC , Waltham
  
• 12:10pm - 12:15pm

  The Problem with Lack of Portability and the Estate Tax Cost of Failing to Plan for Married Couples

  Leo J. Cushing, Esq., Cushing & Dolan, PC , Waltham
  
• 12:15pm - 12:20pm

  How to Release the Massachusetts Estate Tax Lien and the 65C Affidavit Based Upon a $2,000,000 Exemption

  Leo J. Cushing, Esq., Cushing & Dolan, PC , Waltham
  
• 12:20pm - 12:25pm

  Did the Filing Threshold Change?

  Leo J. Cushing, Esq., Cushing & Dolan, PC , Waltham
  
• 12:25pm - 12:30pm

  How Gifts Prior to Death Affect the Filing Threshold, if at All, and the Benefits of a Lifetime Giving Program

  Leo J. Cushing, Esq., Cushing & Dolan, PC , Waltham
  
• 12:30pm -12:35pm

  How to Handle Non-Residents Who Own Massachusetts Real Estate by Using a Limited Liability Company

  Leo J. Cushing, Esq., Cushing & Dolan, PC , Waltham
  
• 12:35pm - 12:45pm

  How to Handle Out-of-State Real Estate Owned by a Massachusetts Resident

  – The case of F. Davis Dassori, in his capacity as personal representative of the Estate of Anita D. Curtis v. Commissioner of Revenue, No. MI-14E00- 42GC (Middlesex Probate & Family Court June 30, 2016)

  Leo J. Cushing, Esq., Cushing & Dolan, PC , Waltham
  
• 12:45pm - 12:55pm

  Understanding the Massachusetts QTIP-Only Loophole, the Proposed Statutory Amendment to Eliminate this Technique, and an Alternative Plan Using a Federal QTIP and DSUE

  Leo J. Cushing, Esq., Cushing & Dolan, PC , Waltham
  
• 12:55pm - 1:00pm

  "Ask the Experts" Q&A Session and Key Takeaways

  Leo J. Cushing, Esq., Cushing & Dolan, PC , Waltham
  

Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Chair