Portability was added to the estate planning landscape by the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (2010 Tax Act).1 The provision seemingly simplifies estate planning, since it permits a decedent to transfer her entire estate to her surviving spouse free of federal estate tax by operation of the marital deduction without fear of wasting her federal estate tax exemption.2
Portability, however, raises a number of concerns, such as its continued usefulness in light of its scheduled sunset, the inability to port the generation-skipping transfer (GST) tax exemption, and the unavailability of portability for state estate tax purposes.3
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