THE REVERE ADVOCATE – FRIDAY, NOVEMBER 21, 2025 Page 19 APPORTIONMENT OF ESTATE TAXES Where an estate is clearly anticipated to be exempt from federal and Massachusetts estate tax, estate tax apportionment among benefi - ciaries is simply not signifi - cant. However, in estates that are greater than the current federal estate tax threshold of $13,999,000 or are greater than the current Massachusetts estate tax threshold of $2,000,000, but that do not qualify for the marital or charitable deductions, apportionment can signifi cantly aff ect the benefi ciaries of the estate. The federal estate tax exemption will rise to $15million on January 1, 2026. The estate tax clause can aff ect the economic interests of those who are to receive your probate and nonprobate property. If, for example, all estate taxes resulting from your death are to be paid out of the residue of your probate estate, then those individuals who take property outside of your Will (for example via life insurance, jointly held property, beneficiary of IRA account), or by a nonresiduary testamentary bequest or devise (for example, a specifi c bequest of personal property or a specifi c devise of real estate) may be advantaged at the expense of your benefi ciaries who take under the residuary clause. You should be aware of the eff ect a particular tax clause in your Will would have on your estate plan’s dispositive scheme and you should be aware of what the alternatives are insofar as allocating the estate tax burden is concerned. Absent a contrary provision in your Will, federal and Massachusetts estate taxes will be apportioned pursuant to Mass General Laws, Chapter 65C and Chapter 190B, Article III, Section 3-916. Collateral provisions of the Internal Revenue Code (Sections 2206, 2207(A) and 2603(b) generally consistent with Massachusetts law, also apply. The general scheme is that all estate taxes on probate property are payable from the residue, and estate taxes on nonprobate property are allocated to the recipients of such property. All Wills should contain carefully drafted estate tax clauses. This is particularly important in the following circumstances: 1. Where specifi c bequests carry a substantial portion of the estate value, would it be fair for the residuary legatees to pay a portion of the estate taxes allocable to the specific bequests? If not, an estate tax clause allocating a proportionate estate tax burden to the specifi c bequests is required. 2. Where it is desired that the surviving joint owners of bank accounts, for example, or the recipients of life insurance or pension benefi ts are not expected to contribute to the estate taxes, either because the amount passing to them is small in comparison to the residuary legatees or they are preferred benefi ciaries, an estate tax clause allocating all estate taxes to the residue is necessary. 3. Where a residue clause bequeaths a share to an otherwise tax-exempt benefi ciary, such as a surviving spouse or public charity, the shares of these benefi ciaries should be exempted from contributing to the estate taxes. Otherwise, the deduction for the bequest to the surviving spouse or the public charity will be reduced, thus serving to increase the estate taxes paid. Estate tax clauses should also be included in estate planning trusts when more complicated estates are involved. Remember, many assets are included in your “taxable” estate upon your death but yet would not constitute part of your “probate” estate. Assets in your taxable estate would include life insurance death benefits, jointly held assets, assets housed in living trusts, IRA accounts, pension plans, annuities, etc. Your Will only speaks upon your death and only aff ects property held by you in your individual name at the time of your death. Joseph D. Cataldo is an Estate Planning/Elder Law Attorney, Certifi ed Public Accountant, Certifi ed Financial Planner, AICPA Personal Financial Specialist and holds a Master’s Degree in Taxation. REAL ESTATE TRANSACTIONS BUYER1 Al-Mohammadi, Abdelhadi Anosier, Guirlene C Bowden, Brooke Chan, Michael D Figueroa, Joel A Gonzalez, Stiven U Guante, Adriana T Justilien, Florvil Keith, Lee Laze, Gezim Montalto, Mark Montano, Nurl E Ramsingh, Ryan Renderos, Raul A Vivas, Yanira Woldmedhin, Mesfi n M BUYER2 Tridou, Saida Adolphe, Ronald Figueroa, Elmer Bondarek, John M Guante, Aneudy R Alimadhi, Dorina SELLER1 Kristin M Vita 2025 RET Pradhan, Binita Caldwell Equity Group LLC Zepaj Development LLC Larosa Ft Burkett, Ryan A Bartha, Eszter Caldwell Equity Group LLC Gallego, Juan P Catalano, Patrick 133 Salem Development LLC Mullen, Deborah J Sola, Juan E Harrington, Shawna J Martinez, Maria I Concilio, Sharon Quarantello Jr, Joseph W Villanueva, Juan Faucher, Laura J Quarantello, Andrea F Rossetti, Teresa A Rodriguez, Felicia SELLER2 Vita, Kristin M Paneru, Siraj ADDRESS 505 Revere Beach Blvd #104 459 Malden St 14 Mill St #4 8 Revere St #5 528 Proctor Ave 33 Mountain Ave 33 Ellerton St #3 74 Winthrop Ave 133 Salem St #205 50 Bay Rd 25 Cheever St 295 Sargent St 23 Essex St 81 Hutchinson St Revere Copyrighted material previously published in Banker & Tradesman/The Commercial Record, a weekly trade newspaper. It is reprinted with permission from the publisher, The Warren Group. For a searchable database of real estate transactions and property information visit: www.thewarrengroup.com DATE PRICE 10.28.25 355000 10.31.25 855000 10.24.25 410000 10.29.25 679000 10.31.25 925000 10.30.25 625000 10.31.25 470000 585 Revere Beach Pkwy #410 10.31.25 337500 350 Revere Beach Blvd #9T 10.24.25 320000 10.31.25 1100000 10.24.25 250000 10.30.25 595000 10.24.25 825000 10.29.25 990000 10.29.25 870000 10.29.25 845000
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