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The Money Advantage PodcastAuthor: Bruce Wehner & Rachel Marshall
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How to Avoid Estate Tax Legally: The Planning Moves That Protect Your Family’s Legacy
Monday, 19 January, 2026
The “Billion-Dollar Asset” That Still Had to Be Sold A story Bruce shares in our retirement class teaching always stops people in their tracks. A family inherited an NFL team worth just under a billion dollars. The asset was valuable. The legacy was real. But the planning wasn’t there. When estate taxes came due, the heirs didn’t have the liquidity to pay the bill. And because the wealth was tied up in an illiquid asset, they had to sell the team. https://www.youtube.com/live/6lCgo4y3LYs Most families will never own an NFL franchise. But plenty of families do own a business, a portfolio of real estate, land that’s been in the family for generations, or investments that look substantial on paper but aren’t easy to convert into cash quickly. And that’s where this topic becomes personal: if you don’t plan ahead, your family may be forced into decisions you never intended—simply to satisfy a tax obligation. This is why we’re talking about how to avoid estate tax legally—so your wealth can serve your heirs and your purpose, not become a burden or a fire sale. The “Billion-Dollar Asset” That Still Had to Be SoldWhat You’ll Learn About How to Avoid Estate Tax LegallyThe Practical Building Blocks of Estate Tax PlanningEstate Tax vs Inheritance Tax Difference: Start With the Right DefinitionsFederal Estate Tax Exemption 2026 and Why the Rules Don’t Stay PutEstate Tax Exemption 2025 vs 2026: Timing MattersEstate Tax Rate 40 Percent: The “One-Time Loss” That Creates Long-Term DamageWhy Do Estate Tax Planning Strategies Matter Even If You’re Under the Exemption Today?Estate Planning for Married Couples vs Surviving Spouse: The Quiet ShiftHow to Avoid Estate Tax Legally With Annual GiftingDo I Have to Report Gifts Under 19,000?When Do You Have to File Form 709 Gift Tax Return?Lifetime Gift Tax Exemption 2026: Larger Gifts and Long-Term TrackingGiving With Warm Hands: Why Legacy Planning Is Bigger Than Tax PlanningEstate Liquidity Planning: What Happens if an Estate Is Mostly Real Estate and Taxes Are Due?How Can Life Insurance Provide Liquidity for Estate Taxes?Irrevocable Trust Estate Planning StrategiesHow to Avoid Estate Tax Legally: Life Insurance for Banking vs Life Insurance for Estate Tax529 Plan Superfunding: Gifting to Reduce Estate Size (and the Control Question)The Most Important Takeaway on How to Avoid Estate Tax LegallyListen to the Full Episode on How to Avoid Estate Tax LegallyBook A Strategy CallFAQWhat is the difference between estate tax and inheritance tax?How does the estate tax exemption work?Should I do estate tax planning if I’m under the exemption today?What is the annual gift tax exclusion?Do I have to report gifts under the gift tax exclusion?When do you have to file Form 709?What happens if an estate is mostly real estate and taxes are due?How can life insurance provide liquidity for estate taxes?Which states have estate or inheritance taxes? What You’ll Learn About How to Avoid Estate Tax Legally If you’ve ever wondered, “Will my legacy go to my family…or to the IRS?” you’re asking the right question. In this blog, we’re going to walk you through the core ideas from our podcast episode on estate and inheritance taxes—what they are, how exemptions work, why the rules change, and what families can do now to protect generational wealth. You’ll learn: The estate tax vs inheritance tax difference (and why it matters) How the federal estate tax exemption 2026 conversation impacts planning today Why a married couple’s plan can change dramatically when one spouse dies How annual gifting works (and why people confuse it) When Form 709 may come into play Why estate liquidity planning can be the difference between preserving an asset and losing it How life insurance and trusts are commonly used to create options and control Quick note: we’re not attorneys. We sit in these meetings with attorneys. We collaborate with estate planning professionals constantly. Our goal is to give you a clear framework so you can make wise decisions and ask better questions with your CPA and attorney. The Practical Building Blocks of Estate Tax Planning Estate Tax vs Inheritance Tax Difference: Start With the Right Definitions One of the biggest sources of confusion we see is people using “estate tax” and “inheritance tax” like they’re interchangeable. They’re not. Here’s the simple distinction: Estate taxes are settled by the estate. The money comes out of the estate before everything is fully distributed. Inheritance taxes are settled by the beneficiaries. The tax bill is tied to what they receive. There’s also the state-level reality: not every state has inheritance tax, and state estate taxes can be entirely different from federal rules. That’s why one of the first questions we encourage families to answer is: “Which taxes apply in my state, and which apply federally?” When you get the definitions right, you avoid planning in the wrong direction. Federal Estate Tax Exemption 2026 and Why the Rules Don’t Stay Put When we recorded this episode, we were in December 2025, and Congress had just changed a tax bill that was expected to sunset at the start of 2026. That shift is a perfect example of why families can’t build a legacy plan on the assumption that today’s rules will remain tomorrow’s rules. Here’s what matters more than any single number: tax law can change quickly, and thresholds can move. That’s why planning is less about guessing the future and more about building a structure that is resilient no matter what Congress does next. Estate Tax Exemption 2025 vs 2026: Timing Matters A detail that surprises many families is that timing can change what exemption applies. If someone passes away in one year, that year’s rules apply. If they pass away the next year, the next year’s exemption applies. We don’t control the timing of life. But we can control the readiness of our plan. Estate Tax Rate 40 Percent: The “One-Time Loss” That Creates Long-Term Damage A federal estate tax hit can be significant. In our conversation, we referenced how quickly the dollars add up when large estates exceed the exemption threshold. But the bigger point we want you to see is this: It’s not just the dollars paid in tax once. It’s the generational opportunity cost of losing that capital. When your family loses money to unnecessary taxes, your family also loses what that money could have produced across decades: businesses that could have been started real estate acquisitions that could have created cash flow education and training that could have expanded a child’s capacity family philanthropy that could have multiplied impact economic stability that could have protected future generations Bruce tells clients: when the money is gone, you can’t make money on that money anymore. That’s not just a financial statement. It’s a legacy statement. Why Do Estate Tax Planning Strategies Matter Even If You’re Under the Exemption Today? This is where most families get lulled to sleep. They see a high exemption and think, “We don’t need to worry about estate taxes.” Two realities can make that assumption dangerous: Exemptions can change Your plan changes when one spouse dies Estate Planning for Married Couples vs Surviving Spouse: The Quiet Shift Even if you don’t consider yourself “ultra-wealthy,” your planning needs to account for the fact that most couples will not pass away at the same time. A couple may look comfortably under a combined exemption threshold—then one spouse dies and the surviving spouse’s position changes. Planning that felt safe becomes exposed. We see this across many areas of tax planning, not just estate taxes. The financial world often treats “married” and “single” very differently. That’s why it’s so important to build your plan while you still have options, flexibility, and time. How to Avoid Estate Tax Legally With Annual Gifting One of the simplest tools families can use is consistent, intentional gifting. In our episode, we talked about an annual gifting amount of $19,000 per person, per recipient, per year. The specific number can change over time, so always confirm the current annual exclusion with your CPA. But the concept is what matters. Here’s why annual gifting is so powerful: It reduces the size of your estate over time It can move assets into the next generation in a planned way It can be used to build capability, not entitlement—if you pair it with purpose and guidance Do I Have to Report Gifts Under 19,000? In many situations, gifts under the annual exclusion amount don’t require filing a gift tax return. That’s why families like it: it’s simple and consistent. Where it gets complicated is when you go above the annual threshold. When Do You Have to File Form 709 Gift Tax Return? If you exceed the annual exclusion amount, you may need to file a gift tax return (often IRS Form 709). Filing doesn’t necessarily mean you owe tax immediately. It can mean the gift is tracked against lifetime gifting limits. Your CPA is the right person to guide you on the reporting mechanics for your situation. The takeaway: gifting can be one of the cleanest ways to reduce your estate—especially when you do it proactively and consistently. Lifetime Gift Tax Exemption 2026: Larger Gifts and Long-Term Tracking Beyond annual gifting, there is typically a lifetime gifting framework that tracks larger transfers. This is where families often say, “I’m confused,” and they’re not alone. The important part isn’t memorizing every detail—it’s understanding the two-tier structure: annual gifting can be simple and repeatable larger gifts may require reporting and coordination with lifetime limits Again, this is why we encourage families to coordinate with their CPA and estate planning attorney.
