What remedies are available when an unexpected death short-circuits an estate plan, leaving heirs to pay more taxes than they would have had their benefactor lived a little longer? In wrongful death cases, one state may now permit estate-tax planning losses to be factored into compensatory damages. But advisors beware: There’s a general duty to mitigate damages. Advisors should therefore take note of post-mortem mitigation techniques, which vary depending upon the decedent’s state and country of domicile.
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