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Estate Tax Exemption 2026: Complete Guide to Trump's $15 Million Increase


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For months leading up to 2026, estate planning attorneys across the country had been sounding alarm bells about the impending estate tax exemption changes. The conventional wisdom was clear: families needed to act fast to use their historic estate tax exemptions before they vanished forever. Estate planners prepared for the busiest year-end period in decades as the Tax Cuts and Jobs Act provisions were set to expire.


Then President Trump signed the One Big Beautiful Bill Act on July 4th, 2025, and the entire estate tax exemption 2026 landscape transformed overnight. Instead of the punitive reductions everyone feared, American families received an unprecedented gift: higher exemptions that are now permanent.


The Estate Tax Exemption 2026 Revolution

What Everyone Expected to Happen

Before the One Big Beautiful Bill Act, the estate tax exemption 2026 outlook was grim. The Tax Cuts and Jobs Act of 2017 had temporarily doubled the federal estate tax exemption from $5 million to approximately $10 million per person (adjusted for inflation). However, this increase came with a sunset provision that would have caused dramatic reductions in 2026.


The Expected 2026 Scenario:

  • Federal estate tax exemption: ~$7 million per person

  • Married couples: ~$14 million combined

  • Millions of families suddenly subject to 40% estate taxes

  • Frantic year-end gifting strategies to use expiring exemptions


The Actual Estate Tax Changes 2026

The One Big Beautiful Bill Act completely rewrote this narrative. Instead of reducing exemptions, Congress permanently increased them:


New Estate Tax Exemption 2026 Reality:

  • Federal estate tax exemption: $15 million per person

  • Married couples: $30 million combined

  • Permanent structure with annual inflation adjustments

  • No sunset provisions or expiration dates


The Financial Impact: For a married couple with a $25 million estate, the difference is transformative:

  • Under expected 2026 rules: $4.4 million estate tax bill (($25M - $14M) × 40%)

  • Under actual 2026 rules: Zero estate tax liability


That's a $4.4 million difference for just one family - and this pattern repeats across thousands of American families who can now transfer wealth without the federal estate tax burden they expected.


Detailed Breakdown of Estate Tax

Exemption 2026 Changes


Federal Estate Tax Exemption Timeline

2025 Estate Tax Exemption: $13.99 million per person ($27.98 million for couples)

2026 Estate Tax Exemption: $15 million per person ($30 million for couples)

2027 and Beyond: $15 million base amount indexed for inflation annually

Key Advantage: The $1.01 million increase per person means even families who thought they were "safe" under the old system now have additional protection and planning flexibility.


Generation-Skipping Transfer Tax Changes

The estate tax exemption 2026 improvements extend beyond just estate and gift taxes. The generation-skipping transfer (GST) tax exemption also increased to $15 million per person, creating powerful multigenerational wealth transfer opportunities.

What This Means:

  • Grandparents can transfer $15 million directly to grandchildren without GST tax

  • Dynasty trusts can be funded with significantly more assets

  • Multi-generational planning becomes more attractive for wealthy families


Portability Remains Intact

One crucial aspect that didn't change: portability between spouses remains fully available. This means:

  • Surviving spouses can still use any unused exemption from their deceased spouse

  • Proper estate planning can effectively provide couples with the full $30 million exemption

  • Portability elections must still be filed timely to preserve this benefit


Who Needs Estate Tax Planning After 2026 Changes


The New Thresholds

With the estate tax exemption 2026 increases, even fewer American families face federal estate tax liability. The Tax Policy Center estimates that less than 0.05% of estates will owe federal estate tax under the new rules.


You're Likely Affected by Federal Estate Tax If:

  • Individual net worth exceeds $15 million

  • Combined marital net worth exceeds $30 million

  • You own rapidly appreciating assets (business interests, real estate, growth stocks)

  • You have significant life insurance coverage that could push your estate over thresholds


Remember: Net worth includes everything you own:

  • Primary residence and vacation properties

  • Investment accounts and retirement funds

  • Business interests and partnership stakes

  • Life insurance death benefits (if you own the policies)

  • Personal property, art, and collectibles


Asset Valuation Considerations

When evaluating whether the estate tax exemption 2026 changes affect you, consider these valuation factors:

Business Interests: Private businesses often represent the largest component of wealthy families' estates. Professional valuations may reveal higher values than owners expect, especially for successful operating companies.

Real Estate: Property values have appreciated significantly in many markets. What seemed like modest real estate holdings a decade ago may now represent substantial estate value.

Life Insurance: Many families forget that life insurance death benefits count toward estate value if the insured owns the policy. A $5 million life insurance policy can quickly push an estate over exemption thresholds.


State Estate Tax Implications for 2026

While the federal estate tax exemption 2026 changes provide significant relief, state estate taxes remain a critical consideration. Twelve states plus Washington D.C. impose their own estate taxes, and these weren't affected by federal changes.


State-by-State Estate Tax Landscape

High-Impact States (Lower Exemptions):

  • Massachusetts: $2 million exemption, rates up to 16%

  • Oregon: $1 million exemption, rates up to 20%

  • Washington: $3 million exemption, rates up to 35%


Moderate-Impact States:

  • New York: $7.16 million exemption, but with "cliff tax" rules

  • Connecticut: $13.6 million exemption (closer to federal levels)

  • Illinois: $4 million exemption, rates up to 16%


Planning Implications: Residents of low-exemption states may still need aggressive estate planning despite federal relief. A Massachusetts resident with a $10 million estate faces no federal estate tax but could owe $1.28 million in Massachusetts estate tax.


State Tax Planning Strategies

Residency Planning: Some families consider relocating to states without estate taxes. However, this requires careful planning as states have aggressive rules for determining tax residency.

State-Specific Trusts: Certain trust structures can help minimize state estate tax exposure while maintaining some connection to high-tax states.

Charitable Planning: State estate tax calculations often allow the same charitable deductions as federal taxes, making charitable strategies particularly effective in high-tax states.


Advanced Estate Planning Strategies Post-2026

Why Plan When Exemptions Are Higher?

Even with the increased estate tax exemption 2026 levels, sophisticated estate planning remains valuable:

Future Appreciation: Assets transferred now remove all future growth from your estate. A $10 million business transferred today might be worth $50 million in 20 years - all outside your estate.

Legislative Risk: While current exemptions are "permanent," future Congresses could reduce them. Using exemptions now provides insurance against political changes.

State Tax Benefits: As discussed above, state estate taxes often have much lower exemptions.

Income Tax Advantages: Certain planning techniques provide income tax benefits beyond estate tax savings.


Spousal Lifetime Access Trusts (SLATs)

SLATs remain one of the most popular estate planning strategies for married couples, even with higher exemptions.

How SLATs Work:

  • One spouse creates an irrevocable trust for the benefit of the other spouse and children

  • The grantor spouse uses their estate tax exemption to fund the trust

  • The beneficiary spouse can receive distributions, providing indirect access to the transferred assets

  • All future appreciation occurs outside both spouses' estates


Example: John creates a $10 million SLAT for his wife Mary and their children. Mary can receive distributions as needed, but the $10 million (plus growth) is outside John's estate. If the assets grow to $30 million by John's death, the entire $30 million passes estate tax-free.

Risks to Consider: If the beneficiary spouse dies first or the couple divorces, the grantor spouse loses access to the trust assets.


Generation-Skipping Trust Strategies

With GST exemptions also increasing to $15 million per person, generation-skipping trusts become more attractive:

Dynasty Trusts: These trusts can continue for multiple generations (sometimes hundreds of years) while avoiding estate taxes at each generational level.

Direct Skip Gifts: Grandparents can make direct gifts to grandchildren, using both their estate tax exemption and GST exemption efficiently.

Trust Structures: Properly structured generation-skipping trusts can provide benefits to children while preserving principal for grandchildren and beyond.


Grantor Trust Strategies

Advanced planners often use grantor trusts to amplify the benefits of exemption usage:

How They Work: The grantor pays income taxes on trust earnings, effectively making additional tax-free gifts to the trust beneficiaries.

Example: A $10 million grantor trust earning 8% annually generates $800,000 in taxable income. When the grantor pays the income taxes, it's equivalent to making an additional $800,000 gift to the trust - without using additional exemption.

Long-Term Impact: Over 20 years, this "tax gift" can effectively double the value transferred to beneficiaries.




Implementation Timeline and Practical Considerations


2025 Planning Opportunities

Even though the major changes take effect in 2026, families can take advantage of current exemption levels:

Current Exemption Usage: The 2025 exemption of $13.99 million per person can still be used effectively for estate planning purposes.

Valuation Benefits: Current market conditions may provide favorable valuations for certain assets, making gifting more efficient.

Trust Structures: Trusts established in 2025 can be structured to take advantage of the 2026 increases.


2026 Implementation

The transition to the new rules requires careful planning:

Trust Amendments: Existing trusts may need amendments to take advantage of higher exemptions.

Gift Planning: Families can make larger gifts starting in 2026 without using as much exemption.

State Considerations: State-specific planning becomes more important as federal pressure decreases.


Common Planning Mistakes to Avoid

Over-Reliance on Exemptions

While the higher estate tax exemption 2026 levels provide significant protection, families shouldn't rely solely on exemptions:

Future Legislative Risk: Future Congresses could reduce exemptions, making current planning valuable insurance.

State Tax Exposure: State estate taxes often have much lower exemption levels.

Non-Tax Benefits: Many estate planning strategies provide benefits beyond tax savings, including asset protection and succession planning.


Ignoring Gift Tax Annual Exclusions

The annual gift tax exclusion ($19,000 per recipient in 2025) remains a powerful tool that works alongside lifetime exemptions:

Systematic Gifting: Regular annual exclusion gifts can transfer substantial wealth over time without using lifetime exemptions.

Family Dynamics: Annual gifts can help evaluate how family members handle wealth before making larger transfers.


Inadequate Professional Guidance

The complexity of the estate tax exemption 2026 changes requires professional guidance:


Legal Counsel: Estate planning attorneys ensure structures comply with current law and position families for future changes.

Tax Advisors: CPAs and tax attorneys help optimize income and transfer tax strategies.

Financial Planners: Comprehensive financial planning integrates estate strategies with broader financial goals.

Valuation Experts: Professional valuations ensure accurate gift and estate tax reporting.


Looking Ahead: Long-Term Implications

Political Considerations

While the new exemptions are "permanent," political changes could affect future estate tax policy:

Legislative Process: Future changes would require new legislation, providing some protection against sudden modifications.

Public Support: Estate taxes affect very few families, potentially providing political protection for current levels.

Revenue Pressures: Federal budget pressures could create incentives to revisit estate tax policy in future years.


Economic Factors

Economic conditions will influence how estate planning evolves under the new rules:

Asset Values: Economic growth or decline will affect whether families approach exemption thresholds.

Interest Rates: Federal interest rates influence the effectiveness of various estate planning techniques.

Tax Policy: Broader tax policy changes could affect the relative attractiveness of different estate planning strategies.


Questions About Your Estate Plan?

The estate tax exemption 2026 changes represent the most significant shift in estate tax policy in decades. While these changes reduce pressure for many families, they don't eliminate the need for thoughtful estate planning. Every family's situation is unique, and the strategies that make sense depend on your specific circumstances, goals, and values.

Whether you're wondering how these changes affect your existing estate plan, considering new wealth transfer strategies, or simply want to understand your options under the new rules, professional guidance is essential.


For comprehensive estate planning guidance that takes advantage of the new estate tax exemption 2026 rules, we recommend connecting with Kirk Holmquest, who heads up our estate planning division. Kirk and his team specialize in navigating complex estate planning scenarios and can help you determine the best strategies for your specific situation.


The combination of higher exemptions, planning certainty, and new opportunities creates an unprecedented environment for strategic wealth transfer. Don't let this opportunity pass without ensuring your estate plan is optimized for your family's future.


Contact us today to discuss how the estate tax exemption 2026 changes might impact your family's financial future and to develop strategies that take full advantage of these historic improvements to estate tax law.




Disclaimer: This content is for informational and educational purposes only and is not legal, tax, or investment advice. Fox Hill Wealth Management is a registered investment advisor. Estate planning involves complex legal and tax considerations that vary based on individual circumstances. All estate planning decisions should be made in consultation with qualified legal and tax professionals who can assess your specific situation and objectives. The estate tax exemption 2026 changes discussed are based on current law and could be modified by future legislation.

 
 
 

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