INSIGHTS

September 2026

 
 

IN THIS ISSUE


A NEW FEDERAL ESTATE
 TAX PROPOSAL


A QUESTION OF RESIDENCE


BUSINESS OR HOBBY?


ARTICLES OF INTEREST

 


September: A Good Time to Ask "What If?"


September is often thought of as a month of transitions. Summer is ending, children are returning to school, and we begin looking toward the final months of the year.


For those of us approaching or enjoying retirement, September can also be an ideal time for a different kind of transition: taking a fresh look at our financial and estate plans.


Not because something is wrong--but because circumstances change.


Your investments may be different than they were five years ago. Your children may be adults with families of their own. Your retirement income may now come from different sources. Perhaps you have acquired a vacation home, sold a business, received an inheritance, or simply accumulated more wealth.


And there is one question that deserves particular attention:


What happens if you can no longer make financial decisions for yourself?


Most people have an estate plan designed for what happens after death. But the more immediate concern may be what happens during life if you become temporarily or permanently unable to manage your financial affairs.


Who would pay your bills?


Who would manage your investments?


Who would communicate with your financial advisor?


Who would deal with your bank, insurance companies and other financial institutions?


Who would make sure your property is maintained, and your taxes are paid?


And perhaps most importantly, who would make those decisions in the way you would have wanted them made?


Many people assume their spouse or children can simply step in. Unfortunately, it may not be that simple.


A Power of Attorney can provide important authority, but it depends heavily on the person you appoint. That person may be perfectly trustworthy but may not have the time, experience, or desire to manage substantial financial responsibilities.


A properly designed trust can provide another layer of continuity.


Your Plan Should Work While You Are Living

For individuals with significant assets, estate planning should not be viewed solely as a way to distribute wealth after death. It should also be viewed as a plan for financial continuity during life.


A well-designed trust arrangement can establish who will manage assets if you become incapacitated and provide a framework for how those assets should be managed and distributed.


It can also reduce the burden placed on family members at an already difficult time.


This becomes particularly important for individuals who are widowed, divorced, living alone, or who simply do not want to place the responsibility for managing their financial affairs on a child.


September Is a Good Time for a Checkup

As we enter the final months of the year, consider reviewing four basic questions:


1. Are your estate documents current?

Your will, trust, Power of Attorney and health-care documents should reflect your current circumstances.


2. Are your assets properly titled?

A trust can only accomplish its intended purpose if the appropriate assets are actually connected to it.


3. Are your beneficiary designations current?

Retirement accounts, life insurance and other assets should be coordinated with your overall estate plan.


4. Who takes over if you cannot?

This may be the most important question of all. Make sure the person or institution you have selected is capable of managing your financial affairs and understands your wishes.


Planning for the "What If"

None of us knows what the future will bring. That is precisely why planning matters.


The goal isn't to anticipate every possible event. It is to make sure that if something unexpected does happen, your financial life does not have to be rebuilt in the middle of a crisis.


September provides a natural opportunity to step back, review your plan and ask the questions that are sometimes easiest to avoid.


What if I become incapacitated?

What if my spouse becomes incapacitated?

What if my children must step in?

What if no family member is available--or willing--to take on the responsibility?


A good estate plan answers those questions before they become urgent.


Because the best time to plan for "What If" is when there is no "What If" yet!

 
 

MONTHLY QUESTION & ANSWER

Q. I've put it off long enough, I've made an appointment with an estate planning lawyer. Do I need to have a trust in my estate plan?


A. More information is needed to answer your question, but probably yes; a trust very likely will add value to your estate plan.


Do you have kids from an earlier marriage? In that case, a Qualified Terminable Interest Property Trust (QTIP trust) can provide for your surviving spouse while securing a future inheritance for those children.


Are you concerned about the longevity of a child's marriage? An inheritance in trust may protect those assets from claims in a divorce.


Do any of your heirs have substance abuse problems or lack financial maturity? If so, are you concerned that any inheritance will be a short-term windfall? A spendthrift trust may convert those assets into a financial resource that lasts a lifetime.


Do any of your heirs have special needs or disabilities? Carefully designed trusts may augment their financial well-being without jeopardizing access to public benefits.


Are you planning a gift to charity? Charitable trusts may provide for both philanthropic and private goals in a tax-efficient manner.


Have you made financial plans for yourself for your retirement years? A revocable living trust can provide for continuous financial management in case of incapacity. It also may avoid the need for a court-appointed guardianship.


Are you concerned about financial disruption for your family when you die? A living trust can provide continuous and uninterrupted investment and financial management at your death.


Is privacy a concern for you and your family? A living trust may shield the details of your financial life from exposure, in contrast to a will which--by law--must be made public.


These are just a few of the common circumstances in which sound trust planning will contribute value to an estate plan. We'd be pleased to tell you more at your earliest convenience.


(September 2026)
© 2026 M.A. Co. All rights reserved.

HAVE A QUESTION ON TRUSTS, WILLS, OR INVESTMENT MANAGEMENT?

For general informational purposes only. This information does not constitute legal advice.

 
 

Many people engage in hobbies that they take very seriously. These activities may start out small in time and expense but grow extensively as time passes. "Hobbyists" may then wonder whether they have become business owners. Read the Informational Article, Business or Hobby? to learn more.


Establishing a state of primary residence is a critical estate planning question for those who divide their time between several jurisdictions. Learn what happened to Jack and Rose Marie Anderson in the A Question of Residence article.


Let me end this month's newsletter with something I recently read that said September really is that perfect, bittersweet bridge where the lingering warmth of summer fades right into the crisp, cozy beginnings of autumn. Enjoy the beginning of Autumn!

A New Federal Estate Tax Proposal

Senator Chris Van Hollen of Maryland, has introduced a bill that would roughly take the federal estate tax regime back to 2009. The purpose of the bill, "Strengthen Social Security by Taxing Dynastic Wealth Act," is to add revenue to the Social Security system, which is in danger of running short of funds next decade. According to recent reports, the trust fund could run out of money after 2032, at which point the annual collected taxes would be enough to fund only 78% of earned benefits.


The Van Hollen bill would direct all collections of the federal estate and gift taxes into the Social Security trust fund, rather than the general fund as under current law. The following changes to the law would also be included:


  • the amount exempt from federal estate tax would be reduced from the current $15 million to $3.5 million per taxpayer;
  • the amount exempt from federal gift tax would be reduced from the current $15 million to $1 million;
  • inflation indexing of the exemption levels would be eliminated;
  • the estate and gift tax rate would be boosted to 45% from the current 40%;
  • the deceased spouse's unused exclusion (DSUE) could be used for only $1 million of lifetime gifts;
  • the exemption for the generation-skipping transfer tax would be reduced in parallel with the estate tax exemption, that is, limited to $3.5 million.


Oddly, the proposal would have almost no effect on truly dynastic wealth; billionaires would scarcely notice the change in exemptions. The bill does not address the many estate planning strategies available to the truly rich to avoid estate and gift strategies. For example, dynasty trusts and grantor-retained annuity trusts would continue to be an option.


There is little chance for passage of the Van Hollen bill in the current Congress. However, several states are already exploring ways to increase taxes on those at higher wealth levels. As the Social Security trust funds continue to dwindle, it could be possible for the Van Hollen bill or something similar to gain traction.


(September 2026)
© 2026 M.A. Co. All rights reserved.

A Question of Residence

Jack Anderson ran a successful hospital management company and was an early leader of HMOs. He and his wife, Rose Marie, lived in Greenwich, Connecticut from the late 1950s until 1970, then in Tennessee in the 1970s, and in Texas from 1980 until 2006. In 1984 the couple purchased a 4,000 square foot condominium in Greenwich for occasional visits. In the early 1990s they built an ocean-front mansion in Vero Beach, Florida, 9,700 square feet. They also maintained a mountaintop home in Arizona.


When Mr. Anderson died in 2015, his estate was worth $108 million. No doubt a substantial federal estate tax was paid. Of the three states where he owned homes, only Connecticut still had a death tax, and the exemption level in 2015 was only $2 million. The state sent a bill for $13.2 million in estate taxes.


The executor of the estate protested, arguing that Florida was Anderson's primary permanent residence. The Florida home was far more opulent and valuable, it was where the extended family gathered for Christmas. Anderson had a Florida driver's license and Florida bank accounts.


The trial court found that Anderson's personal, social and property connections were roughly equal in Florida and Connecticut, but noted that in his last years he divided his time roughly 5 1/2 months in Connecticut, 3 1/2 months in Florida, and 3 months in Arizona. The trial court held that the estate had failed to prove by clear and convincing evidence that Connecticut was not Anderson's residence.


This past June the Connecticut Supreme Court ordered a new trial, holding that the correct standard is a preponderance of the evidence, a lower hurdle for the estate to get over. So, eleven months after his death, the fight over state taxes will continue.


Establishing a state of primary residence is a critical estate planning question for those who divide their time between several jurisdictions. Sixteen states continue to impose death taxes--that is, estate taxes, inheritance taxes, or both. There have even been cases where a decedent was found to be a resident of more than one state, resulting in death tax duties to multiple states.


(September 2026)

© 2026 M.A. Co. All rights reserved.

Business or Hobby?

Many people engage in hobbies that they take very seriously. These activities may start out small in time and expense, but grow extensively as time passes. "Hobbyists" may then wonder whether they have become business owners. 


The distinction is important from a tax perspective. A business owner may be able to write off certain losses. A hobbyist cannot. But where is the line between the two?


Year after year, the courts are called upon to settle disputes between the IRS and taxpayers over the "hobby versus business" question. A recent case in the U.S. Tax Court highlighted some of the issues.


Breeding Horses

Keith and Rhonda Schumacher loved horses. In 2001 they began operating Schumacher Quarter Horses (SQH), a sole proprietorship for breeding show horses, on their 50-acre property. Over the years they invested in breeding horses and infrastructure, including building a hoop barn at a cost of $230,000 to permit riding throughout the year. The SQH horses had considerable success in national competitions. Their herd of horses ranged from 10 to 25 from 2017 through 2019, the years that the IRS chose to audit.


Keith was a veterinarian, and the couple's income was significant. They reported some income from the SQH activities and much larger losses. From 2010 on, they never showed a net profit. IRS disallowed the losses for the three years in question, ruling the couple did not operate SQH for profit, and imposed a significant penalty for understatement of their tax liabilities.


To guide taxpayers on determining whether their hobby might qualify as a business, the IRS suggests these questions [https://www.irs.gov/newsroom/is-that-activity-just-a-hobby-or-a-business]:


  • Is there an intent to make a profit?
  • If the activity makes a profit, how much is it?
  • Can they expect to make a future profit from the appreciation of the assets used in the activity?
  • Do they depend on income from the activity for their livelihood?
  • Are any losses due to circumstances beyond their control or are the losses normal for the startup phase of their type of business?
  • Are operations adjusted to improve profitability?
  • Is the activity carried out like a business with complete and accurate books and records kept?
  • Do the taxpayers and their advisors have the knowledge needed to carry out the activity as a successful business?


Although the Schumachers satisfied some of these tests, on balance the Tax Court concluded that it was not enough. "The Schumachers derived substantial pleasure from breeding, raising, training, racing, and showing horses, and our review of the other factors indicates that the Schumachers did not have a profit motive." The losses were not allowed for tax purposes, and additional taxes of over $200,000 were due.


Still, the Tax Court ruled that the couple had filed their tax returns in good faith, relying on a professional tax preparer, and so the tax penalty was cancelled.


Making the right call in the hobby-versus-business conundrum is difficult, especially because the ultimate decision is likely to be based heavily on the specific facts in each taxpayer's situation. If you believe that your pastime is more business than hobby, or likely to become so, seek guidance from tax professionals as soon as possible.


(September 2026)

© 2026 M.A. Co. All rights reserved.

Articles of Interest

 
 

Best New Jersey Wineries to Visit in 2026 – THEDIGESTONLINE.com

It's the perfect time of year to pay New Jersey's best wineries and vineyards a visit. Read More



Estate Planning for Women: Married, Single, Divorced or Widowed – KIPLINGER.com

Why outliving men and closing the wage gap means women need a drastically different approach to estate planning. Read More



10 Travel Destinations Perfect for Introverts – THEDISCOVERER.com

Introverts enjoy traveling and exploring, they just prefer to take in things on their own terms and at their own pace. Read More



The No-Frills New Jersey Bakery Locals Swear Has The State's Best Donuts – MYFAMILYTRAVELS.com

Ob-Co's Donuts doesn't bother with fancy decor, trendy flavors, or Instagram-worthy seating areas because it simply doesn't need to. Read More



Life's "What If" Questions: Planning For Peace of Mind – GARDENSTATETRUSTCOMPANY.com

Life is full of "What If" questions--and while we can't predict the future, we can prepare for it. Read More

 
 

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Because of the rapidly changing nature of tax, legal or accounting rules and our reliance on outside sources, Garden State Trust Company makes no warranty or guarantee of the accuracy or reliability of information contained herein nor do we take responsibility for any decision made or action taken by you in reliance upon information provided here or at other sites to which we link. ©2026. All rights reserved.