Maryland Portability - Retroactive to 2011
Beginning 2019, Maryland joined Hawaii in allowing portability of its estate tax exclusion. Unique to Maryland is that it allows portability retroactively for deceased spouses who died between 2011 and 2018. Tax benefits are typically not granted based on facts occurring in past years. This surprising development now places the onus on surviving spouses, professional fiduciaries and advisors to be vigilant in determining the application of these rules.