08/28/2026
“Will estate taxes apply to my estate?”
It’s a concern that comes with confusion about various tax planning and tax implications, in general.
With respect to estate taxes, some people believe that these taxes apply to everyone, while others believe there is no way estate taxes could apply to them. In both cases, it’s important to explore potential estate tax concerns, but also potential planning opportunities regarding income taxes and capital gains taxes.
For estate taxes, a few things to note:
→ The Federal estate tax exemption is $15,000,000 per individual for 2026.
→ The New York State estate tax exemption is $7,350,000 per individual in 2026.
→ If the New York State taxable estate is greater than 105% of the New York State estate tax exemption, the estate does not get the benefit of the New York State exemption at all. This is known as the New York State estate tax “cliff” which means the New York estate tax due is not reduced by the New York State estate tax exemption.
→ New York State requires an individual to use their applicable exemption during life or at passing, or it is forever unused; this is generally referred to as “use it or lose it”, meaning the exemption cannot be saved for later use by the surviving spouse. This is unlike the Federal estate tax exemption, which, upon an estate tax return filing at the first spouse’s death, allows the unused Federal estate tax exemption to be transferred to the surviving spouse for later use. This is generally referred to as “portability”, but again only applies with respect to the Federal estate tax exemption.
For many individuals, the takeaway is reassuring: estate taxes are not a concern (unless winning mega-bucks in a lottery comes into play!). But for other individuals, thoughtful planning can make a significant difference with potential estate taxes. As well, proactive planning with respect to other potential taxes (i.e., income and capital gains) can be quite beneficial.
Taxes are one of the considerations built into every estate plan I work on. If you’re wondering where your situation stands, that’s a conversation worth having.
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