Navigating Estate Planning
Estate planning often feels overwhelming due to its complexity and the many uncertainties surrounding it. However, there are key insights to help guide your decisions. As current federal estate and gift tax exemptions are set to expire at the end of 2025, it’s a crucial time to reassess your estate plan. Here are answers to some of the most common estate planning questions, addressing how to make the most of your assets while preparing for potential changes in tax laws.
What Happens to Gifting If Exemptions Decrease After 2025?
Current regulations ensure that gifts made under the increased exemptions from 2018 to 2025 will not face adverse tax consequences if the exemption decreases in 2026. For instance, if you gift $10 million now and the exemption drops to $7 million later, there will be no retroactive taxation on the extra $3 million gifted. Additionally, individuals can give annual gifts of up to $18,000 in 2024 to as many recipients as they wish without impacting their lifetime exemption.
Does the Type of Account Matter for Estate Taxes?
The federal estate tax applies to the value of all assets owned at death, regardless of account type. However, retirement accounts like 401(k)s and IRAs cannot be gifted during your lifetime without triggering taxes. For more tax-efficient transfers, consider gifting assets held in brokerage accounts or real estate. If much of your wealth is tied to retirement accounts, strategies like Roth conversions can help reduce the income tax burden for beneficiaries, though the full account value remains part of the estate.
How Are Real Estate and Business Assets Taxed in an Estate?
Real estate and business assets are included in the estate’s value for tax purposes, regardless of whether heirs plan to sell them. While beneficiaries typically don’t owe estate taxes directly, states with inheritance taxes—such as Maryland and Pennsylvania—may require heirs to pay taxes on inherited assets.
To avoid forcing a sale of assets, estates should have enough liquid funds to cover potential tax liabilities, which are generally due within nine months of death. Certain provisions, such as installment payments, may apply to family farms or closely held businesses to ease the financial burden.
What Role Does Life Insurance Play in Estate Planning?
The death benefit of a life insurance policy is generally included in the decedent’s estate unless the policy is held in an irrevocable trust. Transferring ownership of the policy to a trust can exclude its value from the taxable estate. Annual exclusion gifts—$18,000 per beneficiary in 2024—can help fund life insurance premiums for policies held in trust.
When Should You Revisit Your Estate Plan?
It’s advisable to review your estate plan every three to five years or after significant life events, such as a change in net worth, a relocation to a different state, a birth or death in the family, marriage or divorce, or changes in tax laws. Additionally, consider revising your plan if those designated as executors, guardians, or trustees are no longer suitable for their roles.
How to Get Started
If it’s been years since you last updated your estate plan, or if you lack a trusted advisor, now is the time to act. Start by organizing your financial information and identifying your goals. Many online tools can help streamline the process, ensuring your first meeting with an estate attorney is productive and efficient.
By staying informed and proactive, you can navigate the complexities of estate planning with confidence, ensuring your assets are distributed according to your wishes while minimizing tax liabilities for your beneficiaries.



