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In an era where the federal estate tax was 40% or 50%, and the capital gains rate was 20% to 28%, the savings of federal estate taxes always over-rode the tax basis step-up objective. But now we have a big tax law change and we should consider how these changes affect our planning.
With estate planning, the OBBBA could have a substantial effect on the structure of our wills. By increasing the estate tax exemption to $15M beginning in 2026 ($30M for a married couple), very few families will be exposed to the federal death tax. Sure, there will still be ultra-high net worth families that should pursue many available remedies to lower their estate tax exposure. However, with so many estates now being non-taxable, the focus has changed to income tax matters versus estate tax matters. Read more
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