When appropriately drafted, your estate plan should minimize estate taxes, avoid probate, execute exactly according to your wishes during life and post mortem. While this may sound easy, underneath, it is quite complex. Since each state has their own legal code, trusts and probate proceedings have different functions depending on where you live.
As your assets grow, there are typically more complexities to address. Important tax laws are set to expire in 2025, which significant impacts current estate plans. On January 1, 2026, the federal gift tax exemption will decrease from $13,610,000 to roughly $7,000,000. Given this drastic change, it is more important than ever to take advantage of the current law before it sunsets.
Where you live, the location of your assets (in qualified accounts or non-qualified accounts), properties outside of state of permanent residence, your goals, net worth, and many more factors contribute to how an estate should be structured. Trusts, are an important tool for any estate plan. Depending on which trust is created, some trust tax rates are more compressed compared to individual tax rates. Having the right type of trust, combined with the right amount of distributions, can significantly enhance a financial plan.