Legal

Gross Estate

Also found in: Dictionary, Financial.

Gross Estate

All the real and Personal Property owned by a decedent at the time of his or her death.

The calculation of the value of the gross estate is the first step in the computation that determines whether any estate tax is owed to federal or state governments. Federal and state laws define gross estate for purposes of taxation. Under federal law, the gross estate includes proceeds of life insurance policies that are payable to the decedent's estate, as well as policies to which the decedent retained "incidents of ownership" until his or her death, such as the right to change beneficiaries or to borrow against the cash surrender value of the policy.

Cross-references

Estate and Gift Taxes.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive
* Charitable Deduction: If the decedent leaves property to a qualifying charity, it is deductible from the gross estate.
Moreover, if the grantor dies during the period of her retained interest, the fair market value at the date of her death will be included in her gross estate.
The estate concluded that this cost should reduce the value of the IRAs in the gross estate. To support its position, the estate cited the following situations where courts have allowed reductions in the value of assets in the gross estate: cases allowing future tax detriments or benefits; cases allowing lack of marketability discounts; and cases allowing reductions in value for zoning or decontamination of real property.
SCIN's are not included in the seller's gross estate.
Generally, some or even all of the value of jointly owned property may be includable in the decedent's gross estate for Federal estate tax purposes.
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