Side Letters in Estate Planning: How to Provide Trustee Guidance and Flexibility

Estate planning often involves a balancing act: providing support to beneficiaries without enabling dependency, establishing firm rules while preserving flexibility, and expressing intent without sacrificing efficiency.

One tool that strikes this balance particularly well is the side letter. Though informal and typically not legally binding, a side letter accompanies a trust and provides the trustee with meaningful context into the grantor’s values, intentions, and distribution preferences.

What Is a Side Letter in Estate Planning?

A side letter is a document written by the grantor to the trustee, offering personal insight that supplements the formal trust. Sometimes referred to as letters of intent in estate planning, these documents might express the grantor’s vision for how funds should be used, share guidance on supporting beneficiaries through key life stages, or articulate broader family values.

Think of the trust as a screenplay. It outlines the storyline, characters, and structure. The side letter, then, is like a director’s notes. It provides behind-the-scenes guidance that explains the motivation and meaning behind the plot. It gives the trustee a fuller picture of the “why” behind the “what,” helping them make decisions that stay true to the grantor’s intent.

Why Specific Distribution Provisions Can Be Problematic

Weighing Trustor’s Control vs Trustee Flexibility

It’s tempting for clients to want very specific provisions in their trust: “Don’t give my son any money unless he graduates college,” or “distribute money to my son for wedding expenses or if my son starts a business.” While these types of provisions can technically be “hard-coded” directly into the trust, doing so can often be problematic.

Rigid language can backfire. Life changes can result in scenarios where the grantor would regret the instruction. Importantly, because the trust’s provisions are legally binding, this language opens the door for a beneficiary to sue to demand a distribution, despite the trustee’s reservations. Maybe the son starts a business instead of finishing college. Maybe the son’s business is unsuccessful, and the trustee doesn’t want to pour more money into it so that the money can be deployed more wisely elsewhere. A trust that’s too rigid may force a trustee into an outcome the grantor never intended, limiting trust distribution flexibility that could otherwise support evolving family needs.

Preserving Tax and Asset Protection Features. 

Vesting discretion in the trustee to make distributions isn’t only beneficial for reacting to changing circumstances. It’s also critical for asset protection in drafting distributions and maintaining important tax advantages. Many asset protection and tax protection strategies require trusts to be fully discretionary, and forced distributions of trust property to beneficiaries negate those objectives. These objectives should be important to all families, not just high-net-worth families.

To ensure that a trust you set up for your beneficiary is hard to reach by that beneficiary’s creditors (including former spouses), the state law that governs the trust will require that the beneficiary have no discretion to access the trust property. One of the ways to demonstrate that the beneficiary has no access to the trust is to vest distribution decisions fully in the trustee (and appoint a trustee who is not the beneficiary). If your trust requires the trustee to distribute a certain amount to the beneficiary at the beneficiary’s request, you may be defeating the spendthrift nature of that trust.

Many wealth transfer strategies that are driven, in part, by the desire to minimize estate and generation-skipping transfer taxes require that the trustee have full discretion to distribute income and principal of the trust. This is primarily a concern for high net worth families. 

The main objective is to have assets grow and accumulate any income inside the trust so that the taxable estates of the beneficiaries remain under the taxable exemption amount. The trust assets become taxable only if distributed to the beneficiary for consumption (and not to reinvest or control outside of the trust and inside the beneficiary’s taxable estate). A trust that requires the distribution of assets to the beneficiary under circumstances dictated by the trust creator may be causing more assets to be included in the taxable estate of the beneficiary than is necessary. For example, it may seem like a good idea to force a distribution of cash to the beneficiary so that he can purchase his first home. But the trust could just as well purchase the home and let the beneficiary live in the home. This way, the beneficiary can earn and accumulate his own assets (e.g., by working) without worrying that the home purchased through his parents’ assets also adds to the future estate tax burden for his own estate. This approach not only maintains protection benefits but also supports efficient tax planning in drafting distributions, ensuring that trust assets are deployed in a way that minimizes unnecessary estate tax exposure.

Increasing Drafting Cost. 

Rigid distribution guidelines increase complexity and cost. The more unique provisions a trust has, the more time (and billable hours) are required to draft, review, and ultimately administer the trust.

How Side Letters Support Trustees in Estate Administration

Trustees often shoulder the burden of making difficult distribution decisions. Should they say yes to a request? Does this align with the grantor’s wishes? Would they have approved of this use?

A side letter offers helpful insight. It may share values the grantor held dear (like financial independence, philanthropy, or education) or describe how the grantor hopes the trust will help future generations. It can include specific examples, personal reflections, or reminders to be philanthropic.

Although it’s not necessarily legally binding, a well-crafted side letter can:

  • Reduce ambiguity in how a trustee should use discretion
  • Minimize family conflict by providing clarity of intent
  • Help the trustee make difficult decisions with greater confidence

Why Side Letters Offer Flexible, Cost-Effective Estate Planning

Incorporating a side letter allows the trust document to remain clean, flexible, and broadly discretionary. That makes it easier to use standardized trust drafting platforms or software, reducing cost and complexity. Meanwhile, the grantor’s personal vision lives in a parallel, more narrative format.

In short, where estate plans may provide flexible language, side letters allow for a place for nuance, emotion, and intent (without locking a trustee into a given course of action).

Final Thoughts: The Value of Side Letters in Estate Planning

When used appropriately, side letters can be a powerful complement to a well-drafted trust. They support trust distribution flexibility, asset protection, and long-term efficiency and help a trustee to administer a trust in line with the grantor’s intent, without sacrificing flexibility or increasing complexity.

Wealth.com’s forms are specifically drafted to address these concerns, emphasizing trustee flexibility, asset protection and tax planning. This is why we prefer for our forms to be paired with a side letter, rather than drafting bespoke distribution language directly into the trust document.

In estate planning, it’s not always about having the most rigid guardrails. Sometimes, the best guidance is a well-lit path.

When Someone Goes Missing: How to Confirm a Death Without a Last Known Address

It’s the kind of estate question that’s both oddly common and incredibly difficult to answer: What if someone disappears—and no one knows if they’ve died?

A client recently faced exactly this. Her daughter, named as a beneficiary on her estranged father’s retirement account, was contacted by the financial institution holding the funds. They couldn’t locate him—and neither could she. Their question was simple but unsettling: Is he deceased? And, if so, how can she get a death certificate to move forward?

What AI Says — and Why It’s Not Enough

We posed this question to two leading AI engines. The answers pointed to familiar tools:

  • Social Security Death Index (SSDI)
  • Ancestry.com
  • FamilySearch.org

These are decent starting points, especially for genealogical research. But here’s a few nuances those AI tools don’t know:

  • SSDI is outdated. It only covers deaths reported to the Social Security Administration (SSA) and typically ends in 2014 for publicly accessible records.
  • The real-time data is locked away. The SSA’s modern death database—the Death Master File (DMF)—is restricted. Only “certified” institutions, such as major banks and insurers, can access it.
  • Even private tools like Ancestry.com rely mostly on public obituaries and grave data—not official government death records.

So What Can You Actually Do?

  1. Check if you have any connections to “certified” entities. The National Technical Information Service (NTIS) keeps a public list of institutions certified to access the DMF. If you or your client has ties to one, they may be able to help.
  2. Work with an attorney. Attorneys with access to legal research tools like WestLaw PeopleMap may be able to perform more sophisticated searches or petition for information directly from the SSA.
  3. Request records from local counties. For more recent events (as opposed to genealogical searches), death records are usually held by the county where the death occurred—which is exactly the problem if the last known location is unknown. In these cases, a hired attorney can write to multiple counties or file court petitions to aid in the investigation.
  4. Understand the time barrier. Free archival sites like FamilySearch only make death records available after several decades—typically 50 to 75 years postmortem.
  5. Petition the court. If all else fails, and and a person has been missing for an extended period, some states allow for a court petition to have them declared legally deceased, which can serve as a substitute for a traditional death certificate. There are formal procedures to declare someone legally deceased after a period of disappearance (often 5–7 years).

 

The Value of Legal Insight—and Human Support

This is exactly the kind of situation where AI, while incredibly valuable, may fall short in some respects. These tools can point to public resources—but they can’t always navigate the legal gray areas, interpret the rules, or advocate on your behalf.

At Wealth.com, we bridge that gap. Our Attorney Network provides the kind of practical, real-world support financial advisors need when their clients face complex estate planning questions—especially those that require more than a database search.

Hear from a customer who recently leveraged the Attorney Network, Jared Tanimoto, CFP®, Founder & Financial Planner at Sedai Wealth:

“I actually had a great experience using Wealth.com recently with a client in Hawaii. We were setting up a trust, and as part of the process needed to retitle their home. Hawaii has a unique system called Land Court, which adds an extra layer of complexity to the titling process. Wealth.com connected both me and my client to a local Hawaii estate attorney who understood the nuances of Land Court and handled everything smoothly. The coordination was seamless, and it made the client experience feel really polished.”

Whether you’re trying to confirm a death, resolve beneficiary questions, or support a family in transition, our platform doesn’t just give you the tools—it connects you to the people who know how to use them.

The Why Behind Estate Planning

The inheritance tsunami is already rolling in

Roughly $124 trillion is projected to move from Baby Boomers to Gen X and Millennials by 2048, an amount larger than the current U.S. GDP. Cerulli projects that Gen X and Millennial wealth will quintuple by 2030, yet a staggering 81% of heirs say they won’t keep their parents’ advisor. If estate plans aren’t part of your process, you’re standing on the sidelines of the greatest wealth transition in history.

Clients are still unprepared, and they know it

Despite the looming transfer, 72% of Americans lack an up-to-date will, and more than one-third have already witnessed family conflict because a plan was missing. They recognize the risk. 52% of Americans say dying without a plan is “irresponsible,” but they need a guide who can turn intent into action.

Managing the estate planning process positions you as the financial “quarterback”

Advisors are unique in that they sit at the intersection of legal, tax, and family dynamics. When you coordinate those conversations and orchestrate attorneys, CPAs, and family decision-makers, you don’t hand clients off and hope the ball comes back to you. You cement your role at the center of a client’s wealth universe.

Because you’re the only professional with a full 360-degree view of legal, tax, and family dynamics, clients see you as the indispensable coordinator of their legacy strategy.

A proven growth lever: estate planning as a door opener, relationship deepener, and ROI driver

Talking legacy reframes meetings from performance to protection: 40% of investors would switch advisors just to access estate-planning services, and 71% of U.S. adults say finishing a plan would make them feel like a better parent or partner.

Once implemented, estate planning removes friction and builds multi-generational trust.

  • One per week: Archer Investment Management guided 35 clients through Wealth.com in the first 35 weeks of adding the service. Read the success story here.
  • Workshop machine: Fiat Wealth Management booked 579 prospects and captured $39M+ in new assets by hosting estate-planning events. Read the success story here.
  • Hidden opportunities: Estate reviews surface undisclosed assets and new planning needs, protecting AUM and revealing upsell paths.

From hand-off to hands-on: the integrated digital flow

The old “Here’s a lawyer; call me when it’s done” referral breaks the client journey. A modern, advisor-led workspace keeps everything collaborative, trackable, and branded to your firm. It also is exactly the level of service and guidance clients are looking for.  

A year-one roadmap you can steal today

Top firms plug estate planning into their service calendar: Diagnose → Document → Share → Maintain. Those four touchpoints alone can drive double-digit plan completions in 12 months.

Ready to act? Start tomorrow with three simple moves: segment your book, engage the best-fit clients first, and host a family-legacy meeting to meet the next generation.

Download our “Estate Planning Quick-Start Checklist,” a step-by-step reference that shows you exactly how to add estate planning to your firm and keep your advisor seat at the center of every family’s financial future.

Get the Quick-Reference Checklist here.

Wealth.com makes adding estate planning to your firm’s service offerings seamless. It provides an advisor-led digital workspace that is collaborative and trackable where advisors can create high-caliber estate planning documents in minutes with optional legal review. A real-time status tracker, secure document vault, and role-based access keep heirs, attorneys, and CPAs aligned, and estate planning shifts from a one-off project to a repeatable, revenue-generating workflow.

 See the Wealth.com platform in action at www.wealth.com/demo.

 

What the One Big Beautiful Bill Means for Advisors And Clients

Signed into law on July 4, 2025, the One Big Beautiful Bill Act brings sweeping and permanent changes to the tax code. Whether you find it beautiful or not, the law is here, and it’s here to stay, at least until Congress says otherwise.

At Wealth.com, our job is to help you cut through the noise and understand what matters to you, your clients, and their long-term planning. Below is a breakdown of the key provisions, ranked by relevance to financial advisors.

1. Estate Tax Exemption Increased

Effective 2026:

  • $15 million per person exemption (indexed for inflation), or $30 million per couple with portability.
  • Modestly higher than the current $13.99M exemption.

Why it matters:

  • Ultra-HNW families now have added breathing room.
  • We don’t know where the political landscape will be in future years, so advisors should revisit gifting, trust strategies, and dynasty planning to take advantage of the unprecedentedly high exemption level

2. SALT Deduction Cap Increased but Be Careful

The SALT deduction cap rises to $40,000, but phases out between $500k and $600k AGI. It sunsets after 2029.

Why it matters:

  • For high-income clients in high-tax states, $500k–$600k AGI is a major planning danger zone.
  • Marriage penalty remains (thresholds not doubled), so filing strategies may need a fresh look.

3. Ordinary Income Tax Brackets Made Permanent

The current seven-bracket system (10%, 12%, 22%, 24%, 32%, 35%, 37%) is now permanent.

Why it matters: 

  • Offers long-term visibility for Roth conversion strategies, bracket management, and retirement distributions.

4. Bonus Depreciation & Section 179 Expansion

Bonus Depreciation: Permanently reinstated at 100% for assets placed in service after Jan 20, 2025.

Section 179:

  • Max deduction: $2.5M
  • Phaseout starts at $4M

Why it matters:

  • Business-owner clients have powerful new tools for capital expenditure and tax strategy.
  • Time to revisit cost segregation studies and acquisition planning.

5. QBI Deduction Extended But Still Mostly Off-Limits to Advisors

The deduction is now permanent, and the income phaseout range is modestly expanded, but most white-collar professionals (advisors, CPAs, attorneys) remain excluded.

Why it matters:

Most advisors still won’t qualify, but many business-owner clients will. This can be a prompt to revisit income levels, entity structure, and whether clients are leaving deductions on the table.

6. Trump Accounts: New Child-Focused Savings Vehicle

  • $5k annual contributions allowed before child turns 18
  • IRA-like tax treatment (no upfront deduction)
  • Employers can contribute $2,500 tax-free for dependents
  • IRS pilot program contributes $1,000 for 2025–2028 births

Why it matters:

  • A brand-new vehicle for education and long-term child savings strategies
  • Strong planning opportunity for multigenerational wealth discussions

7. Standard Deduction + New Senior Deduction

New standard deduction (2025):

  • MFJ: $31,500
  • Single: $15,750
  • HOH: $23,625

New Senior Deduction: $6,000 per taxpayer age 65+, phases out above $150k MFJ / $75k others, expires 2028

Why it matters:

  • Seniors near the phaseout cliff need modeling
  • Great lead-in for broader retirement income planning

8. Child & Adoption Credits Expanded

  • Child Tax Credit: $2,200 per child, inflation-adjusted, and permanent
  • Adoption Credit: Now partially refundable (up to $5k) starting 2025

9. Car Loan Interest Deduction (2025–2028)

  • Deduct up to $10,000 annually for new car loans only (no leases & other stipulations)
  • Phases out above $200k MAGI MFJ, $100k others

10. Student Loan Repayment: Employer Benefit Made Permanent

Employers may contribute up to $5,250 annually toward employee student loans tax-free

Why it matters:

  • Business-owner clients can enhance benefit offerings
  • Great way to attract and retain younger talent

11. 529 Plan Qualified Expenses Expanded

529 plans may now be used for a broader set of K‑12 and homeschool-related expenses, including:

  • Curriculum and instructional materials
  • Books or digital educational content
  • Tutoring and outside‑home educational classes
  • Testing fees
  • Dual enrollment tuition
  • Educational therapies and adaptive learning tools

Why it matters:
529 accounts have become more versatile – they’re not just for college. This opens up powerful opportunities for families funding private school, homeschooling, supplemental learning, or special education. Smart planning here can help manage overfunded balances and support long‑term multigenerational strategies.

What’s Next:

Hear from Sr. Corporate Counsel, Dave Haughton, JD, CPWA® 

We hosted a special webinar session, “The One Big Beautiful Bill: What Every Advisor Needs to Know,” led by Wealth.com’s Sr. Corporate Counsel, Dave Haughton, JD, CPWA®.

Watch the Recording Here

Send Key Takeaways to Your Clients

Looking for a resource to send directly to clients and prospects as a helpful resource? We have a client-friendly downloadable PDF with all the relevant estate and tax planning highlights from the Big Beautiful Bill.

Download the Client Takeaways PDF Here 

The tax code may have changed, but the core of great advising hasn’t. In a sea of new rules and revised deductions, your role as a trusted guide is more important than ever. The advisors who lean in now, who anticipate, educate, and elevate, will be the ones who grow deeper client loyalty and lasting impact. At Wealth.com, we’re equipping you with the tools to turn complexity into confidence, and deliver lasting legacies for your clients.

Big Changes to Washington’s Estate Tax: What Financial Advisors Need to Know

On May 20, 2025, Washington Governor, Bob Ferguson, signed new tax legislation that will have a significant impact on estate planning for clients in the state. These changes—which include both a higher exemption amount and steeper tax rates for larger estates—will take effect on July 1, 2025. Here’s what financial advisors should know to guide clients effectively.

What’s Changing?

Higher Estate Tax Exemption

Effective July 1, 2025, the estate tax exemption will increase from $2.193 million to $3 million. This means that the first $3 million of an estate’s value will be exempt from Washington’s state estate tax. For many clients, this increase offers additional room to pass wealth to heirs without incurring state-level estate taxes. The exemption amount will also be adjusted annually for inflation. The legislation also increases the state qualified family-owned business interest deduction to $3 million from $2.5 million.

Steeper Tax Rates for Larger Estates

While the higher exemption is welcome news for smaller estates, larger estates will face higher tax rates under the new legislation:

  • Estates exceeding $9 million will be taxed at a rate of 35%—up from the current top rate of 20%.
  • Estates valued between $1 million and $9 million will see marginal rates increasing on a graduated scale, ranging from 15% to 30%, depending on the estate’s taxable value.
Taxable Estate Value in WashingtonCurrent Tax RateNew Tax Rate (Effective July 1, 2025)
$0 – $1M10%10%
$1M – $2M14%15%
$2M – $3M15%17%
$3M – $4M16%19%
$4M – $6M18%23%
$6M – $7M19%26%
$7M – $9M19.5%30%
$9M+20%35%

Washington’s Capital Gains Tax: An Additional Planning Consideration

Effective retroactively to January 1, 2025, Washington now imposes an additional 2.9% surtax on capital gains exceeding $1 million per year. This is on top of the existing 7% tax on long-term capital gains over $270,000 (2024 inflation-adjusted amount). As a result, gains over $1 million will now be taxed at a combined state rate of 9.9%.

While the capital gains tax is separate from the estate tax, it’s an important planning consideration for high-net-worth clients. Large capital gains may reduce estate liquidity and potentially influence how clients structure wealth transfers and trust funding.

Why This Matters to Your Clients

Washington is one of several states that imposes a separate estate tax in addition to the federal estate tax. In addition to the federal estate tax at 40% for taxable estates greater than $13.99 million for 2025, larger estates will be subject to both the federal tax and the highest state estate tax rates in the country. For Washington clients with estates exceeding $3 million, it’s essential to:

  • Review existing estate plans and trust structures to ensure they align with the new exemption amount and higher rates.
  • Consider lifetime gifting strategies to reduce the taxable estate before death. Remember, Washington does not tax lifetime gifts, offering a powerful planning opportunity.
  • Integrate capital gains planning with estate tax mitigation strategies, especially for clients with taxable estates or those anticipating a large transaction, like the sale of a business.
  • Explore family-owned business deductions and other planning strategies to manage the potential tax impact.

Stay Ahead of the Curve

At Wealth.com, we understand that staying ahead of legislative changes is crucial to delivering exceptional service to your clients. To review the new legislation in full, click here.

Curious how to bring estate planning into your practice or how these changes could impact your clients? Book a demo to see how Wealth.com can help you deliver deeper value through modern, compliant estate planning. Our platform’s tools make it easy to integrate these changes into your clients’ estate plans, ensuring they remain aligned with the latest tax laws.

Wealth.com Announces Inaugural Estate Planning Conference

PHOENIX–(BUSINESS WIRE)–Wealth.com, the leading digital estate planning platform for financial advisors, today announced plans for its first annual industry-wide event: The Estate Planning Conference, taking place Jan. 26-28, 2026, at the Montelucia Resort in Scottsdale, Arizona, which has been reserved in its entirety for attendees. Designed to unite financial advisors, estate planners and wealth management leaders, the conference will feature more than 15 hours of CFP® continuing education (CE)-level content, world-class speakers and a fully immersive resort experience dedicated to education, collaboration and community.

Attendees will gain access to top-tier insights from a roster of leading experts and thought leaders who are shaping the future of estate planning and finance. By establishing a dynamic platform for estate planning education, Wealth.com is setting a new standard for professional development in the wealth management space. The Estate Planning Conference will further empower advisors to integrate estate planning with confidence and help firms meet evolving client needs while deepening trust and value. It is open to all financial professionals with firms of any size and all affiliations. For those unable to attend in person, Wealth.com will share select sessions and key takeaways online, helping to ensure the educational impact reaches the broader industry.

“Estate planning deserves a place at the center of advisor education,” said Dan Bolton, head of marketing at Wealth.com. “That is why we are dedicating significant resources to make The Estate Planning Conference the premier event of its kind. Attendees can expect sessions led by global leaders, unmatched opportunities to collaborate with peers and an experience designed to inspire long after the conference ends.”

This announcement builds on a period of rapid momentum for Wealth.com, which now serves as the preferred estate planning platform for more than 1,000 wealth management firms. Over the past year, Wealth.com has attracted funding from Google Ventures, Charles Schwab, and Citi, which continues to fuel its evolving platform. In March, the company unveiled its Scenario Builder—the industry’s first all-in-one estate planning modeling tool—enabling advisors, planners and estate attorneys to evaluate the potential impacts of various strategies on a client’s estate. Together, these advancements reflect Wealth.com’s continued appeal as well as its commitment to meeting the growing demand for modern, scalable estate planning solutions across the wealth management landscape.

Registration for The Estate Planning Conference is available now at wealth.com/estatecon. To learn more about Wealth.com’s advanced, end-to-end estate planning platform, please visit Wealth.com.

About Wealth.com

Wealth.com is the industry’s leading estate planning platform, empowering 1,000+ wealth management firms to modernize the delivery of estate planning guidance to their clients. As the only tech-led, end-to-end estate planning platform built specifically for financial institutions, Wealth.com helps drive scale and efficiency, meeting client needs across the wealth spectrum. Financial advisors ranked Wealth.com as the #1 estate planning platform in the 2024 T3/Inside Information Advisor Software Survey. In 2024, Wealth.com was honored by WealthManagement.com as the ‘Best Technology Provider’ in the Trust category, and CEO Rafael Loureiro received the Advisor Choice Award for Technology Providers: CEO of the Year.

 

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10 Tax Tips You May Not Have Known About Estate Planning

Financial advisors who aren’t helping clients with estate planning may be missing key opportunities to align wealth with values, reduce taxes, and protect loved ones. Too often, advisors overlook tax and planning strategies that can deepen relationships and distinguish their approach.

While advisors are importantly focused on investment management and related tax strategies, estate planning presents its own unique opportunities to optimize clients’ taxes and wealth transfers. Here are ten tax-focused estate planning strategies to help you guide better conversations, strengthen relationships, and set yourself apart.

1. Gifting Appreciated Assets Can Beat Giving Cash

Gifting during life can be a powerful wealth transfer tool. Instead of giving cash, clients should consider gifting highly appreciated assets—like stocks—which allows them to avoid capital gains while transferring the full market value to the recipient. It’s a strategy that removes built-in gains from the client’s estate while benefiting someone they care about.

This is especially effective for gifts to family members or other recipients in lower tax brackets, who may owe little—or nothing—in capital gains tax if and when they sell the asset.

If the asset is gifted to a qualified charity, the charity typically won’t pay any capital gains at all, and your client may be able to deduct the full fair market value.

One caveat: recipients don’t receive a step-up in cost basis, as they would with inherited assets. Also, if the recipient is a minor, Kiddie Tax rules may apply. Recipients should also understand they may still owe capital gains tax when they decide to sell the asset.

2. Why the Step-Up in Basis Can Be Valuable

While gifting highly appreciated assets during lifetime can be powerful, don’t overlook the step-up in cost basis for inherited assets. When heirs inherit appreciated assets, capital gains taxes can be minimized or eliminated because the cost basis is reset to the fair market value.

This strategy is most effective for clients whose estates fall under the federal exemption limit ($13.99 for individuals as of 2025). And it’s most valuable for low-basis assets that are held long-term with the potential for appreciation, such as stocks or real estate.

In community property states, the surviving spouse may receive a full step-up in basis on both their share and the decedent’s share of their community property. This allows them to sell appreciated assets with little to no capital gains tax. In common law states, however, this treatment typically does not apply.

Clients who still want to gift—but hold assets that may appreciate further or can’t be easily transferred, like a primary residence—might consider using cash or lower-growth assets instead.

Though still in place, the step-up has been revisited in past tax reform proposals and could change in the future.

3. Irrevocable Trusts Can Shift Income and Shrink Estates

Irrevocable trusts are often used for wealth transfer, but they can also be strategic for income tax planning. Shifting income-producing assets into an irrevocable trust can reduce a client’s taxable estate and allow the income to be taxed to beneficiaries in lower brackets—depending on how the trust is structured.

Irrevocable trusts remove assets from the estate, reducing estate tax exposure and maximizing what can be passed on. But when structured as nongrantor trusts, they can also create income tax advantages by distributing income to beneficiaries who may be in lower tax brackets than the client.

This can be especially effective for clients with income-generating assets and a goal of sharing wealth with children or grandchildren. When income is distributed from the trust, it carries out taxable income—known as distributable net income (DNI)—which is then taxed at the beneficiary’s individual rate. If the beneficiary is in a lower bracket, overall family tax liability can be reduced.

Some clients may take a different approach and use grantor trusts intentionally, paying the income tax themselves so the trust assets can grow outside the estate, undiminished by tax liabilities. While grantor trusts are often used to freeze values and allow continued tax payment by the client, nongrantor trusts shift income—and the tax burden—to the beneficiaries.

As their advisor, you can help identify assets that are well-suited for trust ownership—such as rental properties, investment portfolios, or closely held businesses—and work with an estate attorney to ensure the structure and distribution terms align with the client’s long-term goals.

It’s important to keep in mind that trusts reach the top income tax bracket quickly—usually faster than individuals—especially if income is retained, so thoughtful distribution planning is key. And because irrevocable trusts typically can’t be altered once created, clients should be sure the strategy aligns with both their financial and family goals.

4. State Estate Taxes Still Matter, Even if the Federal Exemption Is High

While the current federal estate tax exemption is generous—$13.99 million for individuals in 2025—many states have much lower thresholds. Over a dozen states may still impose estate or inheritance taxes even if your client’s estate doesn’t owe federal taxes.

State estate tax rates can range from 10% to 16%, and are applied to the value of the estate that’s above the exemption amount. For example, Massachusetts has a $2 million exemption rate; Oregon has a $1 million exemption limit; and New York is about $6.94 million—all significantly lower than the federal threshold.

Many states also don’t allow portability, meaning that a surviving spouse may lose the unused exemption—$27.98 million for couples in 2025—without proactive planning. Furthermore, some states don’t index their exemptions for inflation, meaning more families may be exposed to state estate taxes over time.

Finally, some states still have inheritance taxes based on who inherits, not just the state size. For example, while New Jersey no longer has a state estate tax, inheritance taxes may still apply to beneficiaries that are not lineal heirs—meaning siblings, nieces, nephews, and cousins.

Advisors have the opportunity to help clients identify potential state estate tax exposure early, based on where they live, their asset location, and family structure. If your client is planning a move, you can help advise if it could impact taxes their estate may owe, or impacts it could have on wealth transfer plans.

Potential strategies for minimizing state estate tax exposure include lifetime gifting, charitable giving, trust planning, or moving to a state that has no estate tax. However, each strategy should be explored on a case-by-case basis, and with an attorney.

Changing residency to avoid state estate tax isn’t always straightforward and could be challenged by the state the client is leaving. Advisors should be aware of how domicile is determined—and help clients document and establish their new state residency appropriately.

Clients with property in multiple states may still face estate tax exposure in more than one jurisdiction. These situations require careful coordination, ideally involving attorneys familiar with the laws in each state where the client owns real estate or significant assets.

5. Annual Gifting Isn’t Just for the Wealthy

As of 2025, the annual gift tax exclusion lets your clients give up to $19,000 per person without triggering gift tax or filing requirements. There’s no limit on the number of recipients, meaning clients can give $19K to each child, grandchild, or other individual annually. Married couples can combine their exclusions to give $38,000 per recipient when gift-splitting.

These gifts don’t reduce the client’s lifetime exemption and don’t trigger gift tax or filing if within the annual limit. That’s why annual gifts can be a simple way to move wealth out of their estate gradually, even for clients that aren’t facing potential estate tax exposure.

This strategy can also be useful for funding 529 plans, custodial accounts, down payments on property, investing in family businesses, or just supporting heirs directly. And it can be especially powerful when it’s used consistently year after year as part of a wealth transfer plan.

You can help identify when an annual gifting strategy is useful—such as funding a grandchild’s 529 plan—and guide clients in tracking multi-year gifts. You can also help coordinate giving among family members to stay within the limits.

It is important to note that if a client does exceed the $19K annual limit, they will be required to file an IRS Form 709 and the amount over the limit will count against their lifetime exemption.

However, when used properly it’s one of the most flexible tools for tax-efficient giving while also having minimal requirements, such as tax filing or trust creation.

Used consistently, annual gifting is one of the simplest ways to move wealth tax-efficiently with minimal administrative burden.

6. How Roth Conversions Can Be an Estate Planning Tool

Roth conversions are typically viewed as a tax income strategy, but they can also support estate planning goals. Converting a traditional IRA to a Roth means the client pays income tax now, which can reduce their taxable estate.

Once converted, Roth IRAs continue to grow tax-free and can then be passed to heirs without any income tax liability. Non-spouse beneficiaries must withdraw the full Roth IRA within 10 years under the SECURE Act—but unlike traditional IRAs, annual RMDs aren’t required during that period.

This conversion strategy can be especially efficient if your clients have low-income years or during market downturns, when account values tend to be temporarily lower. It’s especially effective for clients who don’t need the IRA for income and want to prioritize a tax-free legacy. Conversions may also reduce future Medicare IRMAA surcharges or limit Social Security taxation for your client by lowering future RMDs.

Plus, this strategy can help mitigate the impact of the SECURE Act which eliminated the lifetime-stretch rule for inherited IRAs for most heirs.

You can help your clients by modeling partial conversions over several years to stay within target tax brackets to maximize long-term efficiency.

7. Don’t Forget Income Tax Planning for Beneficiaries

Estate planning matters just as much for heirs as for those passing down wealth. Advisors can support both sides to help clients structure more tax-efficient strategies and help heirs manage the income tax impact when they receive assets. Advisors play a key role in helping clients—and their heirs—understand the tax consequences of inherited accounts.

For example, the SECURE Act eliminated the stretch rule for inherited IRAs—where an heir could stretch withdrawals over their lifetime—requiring full withdrawals within 10 years. Inherited traditional IRAs are also fully taxable as ordinary income, and large balances can easily push heirs into higher tax brackets.

Inherited Roth IRAs must also be emptied within 10 years but withdrawals are tax-free, and don’t have annual RMDs.

You should work with clients to create withdrawal strategies that spread taxable income across years and to help avoid last-minute tax increases. For taxable accounts, you can review the cost basis and help your clients plan tax-efficient liquidation strategies.

If your client has a trust that inherited retirement accounts, you should also review them carefully to avoid unfavorable tax treatment under post-SECURE Act rules.

Clients often underestimate how long taxes can impact heirs, while heirs may not fully understand their potential tax consequences when receiving an inheritance. Advisors help clients and heirs navigate what’s often an overlooked—and heavily taxed—part of the planning process.

8. Portability Isn’t Automatic—File That 706

Portability allows a surviving spouse to inherit the deceased spouse’s unused federal estate tax exemption. This means the surviving spouse could preserve up to $27.98 million in total exemption, as of 2025.

Portability is particularly important when one spouse owns most of the couple’s assets, or when the surviving spouse may remarry and risk losing the unused exemption.

But portability isn’t automatic. The estate must file a Form 706 (the federal estate tax return) even if it doesn’t need to pay an estate tax. This is often an overlooked step because many believe it only applies to taxable estates. As their advisor, this is where you can step in to ensure they don’t lose millions in exemptions.

The good news is that the IRS now allows up to five years to file a late Form 706. However, this window should not be taken for granted and filing as soon as possible is best practice. Filing Form 706 documents asset values at the time of transfer, helping establish the new cost basis and avoid disputes over valuation down the line.

As an advisor, you can flag portability as a critical action item for newly widowed clients, even if no estate tax appears likely. You can also coordinate with estate attorneys and tax professionals, as needed, to ensure the Form 706 is filed correctly and on time.

Filing during a difficult time may feel secondary—but it can be one of the most impactful actions for preserving wealth transfer opportunities.

9. Intra-Family Loans Offer Low-Rate Leverage

An intra-family loan lets a client transfer wealth without using their lifetime exemption or triggering gift tax, as long as the loan charges interest at or above the IRS’s Applicable Federal Rate (AFR).

Each month, the IRS publishes three AFRs—short-, mid-, and long-term—based on the duration of the loan. These rates are often well below market rates, creating an advantage for long-term family wealth transfer planning.

This can allow your clients to lend to their children, grandchildren, or even to trusts to fund a home purchase, invest in a business, or contribute to an investment portfolio. If the borrowed funds grow faster than the owed interest, the excess growth remains with the borrower (e.g. the child) and not within the client’s estate. This strategy works best when the borrowed funds are expected to grow faster than the interest owed.

Plus, as long as the loan is documented properly, it avoids gift tax consequences. To do so, the loan should include a written promissory note, charge at least the AFR rate, and show a clear record of payments.

Clients can also forgive payments over time using the annual gift tax exclusion, gradually converting the loan into a tax-efficient gift.

This strategy can be a flexible way to support family goals while reducing the size of the estate without triggering immediate taxes. However, do note that they must be properly documented and treated like real loans. Otherwise, the IRS may reclassify them as gifts. Clients also need to report interest income and be prepared for the possibility of default if the borrower can’t repay.

You can help clients structure loan terms, ensure proper documentation, track payments, and understand whether this strategy aligns with their broader planning goals.

10. Donor-Advised Funds Let Clients Front-Load Charitable Giving

Donor-Advised Funds (DAFs) allow clients to make a large charitable contribution in a single year, and then decide where to grant those funds over time. This can be beneficial because the client gets an immediate income tax deduction for the full amount contributed, even if the funds are distributed to charities later.

Additionally, assets inside the DAF—which can be appreciated securities or stock, in addition to cash—can be invested and grow tax-free before they’re distributed. Gifting these appreciated assets to a DAF can avoid capital gains tax while maximizing the charitable deduction.

DAFs work especially well when clients want to front-load—or ‘bunch’—charitable giving in a high-income year while distributing grants over time.

DAFs are easy to set up, require no private foundation filings, and are widely available through custodians and nonprofits. You can help clients choose the right assets, time the deduction effectively, and ensure their giving aligns with both tax planning and long-term legacy goals.

Once the assets are contributed to a DAF, the gift is irrevocable and cannot be taken back. Clients can recommend grants, but they do not retain control over the funds, and DAFs can’t be used to fulfill personal pledges or provide private benefit.


Estate planning isn’t just about what happens after death. It’s about managing taxes during life, protecting what matters, and making sure wealth is transferred with intention.

Advisors who understand how tax strategy connects with trusts and estate planning can lead more meaningful conversations and deliver greater value.

At Wealth.com, we support that work with modern tools, expert guidance, and technology that makes estate planning more accessible—for you and your clients.

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