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Planning Strategies Under a Lower Estate Tax Exemption

By Brian Ellenbecker CFP®, EA®, CPWA®, CIMA®, CLTC®

Estate tax planning has seen dramatic changes over the past 20 years.

In 2000, the estate tax exemption was just $675,000 with a top estate tax rate of 55%.

Today, the exemption is at an all-time high of $11,700,000 with a top tax rate of 40%.  Considering the exemption amount can effectively be doubled for married couples, very few people have to worry about estate tax liability at those exemption levels.

It’s possible the exemption level could be headed back down. In 2026, current tax law cuts the exemption in half.  President Biden has proposed an even lower exemption amount of $3.5 million per person to help fund the infrastructure bill currently being debated in Congress, which would most likely take effect in 2022.

The estate tax applies not only to your investment and retirement accounts, but you must also include real estate equity and life insurance death benefits.  After adding everything together, many more people would again be impacted by the estate tax if the exemption is lowered.

Planning Strategies to Consider

Considering the magnitude and frequency of changes to the estate exemption over the past 20 years, one of the best pieces of advice is to build flexibility into your estate plan.  Many families leave their assets to their loved ones in trust, rather than outright. Doing so can provide for multiple generations, allows for increased asset protection, can incorporate both income and estate tax planning, and/or protect spendthrift beneficiaries from themselves.  If your estate plan includes a revocable living trust, consider building flexibility in by using some or all of the following techniques:

For Trust Beneficiaries:

For Trustees:

Consider naming a Trust Protector:

It is recommended that you review your estate documents every three to five years, or sooner if there are changes to estate law or your family experiences a change in their circumstances.  Fortunately, revocable living trusts can easily be amended at any time to address your changing needs.

It’s important to discuss your situation with an estate planning attorney to ensure you understand all the pros and cons of any estate planning technique before implementing it.  If you have questions on your estate plan, reach out to your Shakespeare Financial Planner.

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