Yes. Portability must be elected on a timely-filed federal estate tax return. This is the case even though a federal estate tax return would not otherwise be required, such as if the estate of the deceased spouse is below the threshold for federal estate taxation.
About John D. Laughton, Estate Planning & Elder Law Attorney
Mr. Laughton is an estate planning and elder law lawyer in his 40th year of law practice. He is committed to your peace of mind and solving your problems by providing personalized legal services in a highly ethical, professional, solution oriented, and cost effective manner.