Publications

Estate Planning Isn’t Just About Taxes

May 4, 2026

By: Richard Hess, Esq.

Even if your estate falls below the federal estate tax threshold, projected to be $15 million for individuals in 2026, estate planning remains one of the most important tools for managing your life and your legacy.

Estate taxes often get the most attention, but they are only one piece of the puzzle. A thoughtfully designed estate plan addresses questions many people don’t want to leave to chance, such as 1) who will care for you if you cannot make decisions yourself; 2) how your assets will be handled after your death; and 3) how to minimize stress and uncertainty for the people you care about most.

Below are some of the key non‑tax reasons estate planning matters, regardless of the size of your estate.

Incapacity Planning

Estate planning allows you to designate trusted individuals to make medical and financial decisions on your behalf if you become unable to do so. By putting a healthcare proxy and/or power of attorney in place, you retain control over who manages critical health care decisions. In addition, a general durable (financial)  power of attorney will enable you to control who will make financial decisions on your behalf if you are unable to do so.  The use of these documents will avoid court involvement and considerable expense during an already difficult time.

Avoiding Probate

Without an estate plan, many assets must pass through probate court. Probate is a public, time‑consuming process and, depending on your state of residence, can be costly. Proper planning can help your heirs avoid delays, unnecessary expenses, and the public disclosure of private family matters. If you own real estate in more than one State, proper estate planning can avoid the hassle and expense of multi-state probate.

Guardianship for Minor Children

If you have children, a will is the only way to legally nominate a guardian to care for them if both parents pass away. Without this designation, the court, not you, will decide who assumes this responsibility, potentially leading to outcomes that do not align with your wishes.

Controlling Asset Distribution

An estate plan ensures your assets are distributed to the specific people or charitable organizations you choose. Without one, state intestacy laws dictate who receives your property, often through rigid formulas that may not reflect your intentions or family dynamics. If you have a blended family the intestacy laws may produce a result that is detrimental to a surviving spouse.

Protecting Beneficiaries

By leaving a beneficiary their inheritance using a trust, proper estate planning can help shield inheritances from that beneficiary’s creditors, divorce proceedings, or poor financial management. This added layer of protection can preserve assets for long‑term benefit and prevent unintended loss.

State‑Level Estate and Inheritance Taxes

Even if your estate is not subject to federal estate tax, some states impose their own estate or inheritance taxes. These state‑level exemptions can be significantly lower than the Federal Estate Tax Exemption, making advance planning especially important for residents of those jurisdictions.

Additional Benefits to Consider

Step‑Up in Basis

Transferring assets at death often provides a “step‑up in basis,” which can significantly reduce capital gains taxes for your heirs if they sell those assets in the future. Many assets are valued as of the date of death and that value becomes the beginning point for calculating capital gains. Structuring ownership correctly can preserve substantial value across generations.

Business Succession Planning

For business owners, an estate plan helps ensure continuity and control. Without clear planning, ownership interests may pass to unintended partners or heirs who are not involved in the business, potentially disrupting operations or decision‑making.

Managing Your Digital Legacy

Today’s estate plans increasingly account for digital assets. Naming a digital executor allows someone you trust to manage or close online accounts, including email, social media, cloud storage, and cryptocurrency holdings.

Estate planning is not just about minimizing taxes, it’s about protecting yourself, your family, and your wishes. Regardless of the size of your estate, a comprehensive plan provides clarity, control, and peace of mind.

Our Estate Planning Team helps clients navigate estate planning with practical, forward‑thinking strategies tailored to their personal and financial goals.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 215 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

Cynthia Howard Chief Marketing Officer (720) 370-1182
[email protected]