Why You Need to Act Now: Estate Tax Loopholes Are Closing No Matter Who Wins in 2024
With the 2024 presidential election just around the corner, there’s plenty of speculation about what changes could be on the horizon. One thing, however, is almost certain: the estate tax loopholes that high-net-worth families have relied on for years are going to close. Regardless of who wins, tax reform is coming—and it’s coming fast. If you’ve been putting off estate planning or think you have time to wait, now is the time to act. Waiting could cost your family millions in unnecessary taxes, and your legacy could be at risk.
Why Estate Planning is Critical Now
Estate planning isn’t just about preparing for when you're gone. It’s about taking steps today to protect your wealth, your family, and your future. With potential changes in estate tax laws, proactive planning is the key to preserving what you’ve worked so hard to build.
A proper estate plan ensures your loved ones aren’t burdened with unnecessary tax obligations, probate complications, or legal fights. Right now, the federal estate tax exemption is at an all-time high, but this window of opportunity is quickly closing. Here’s why you should act before it’s too late.
The Changing Landscape of Estate Taxes
For years, high-net-worth families have benefited from generous estate tax exemptions and strategic loopholes that allowed them to pass on wealth while minimizing tax liabilities. But those days are numbered. Whether it’s through a Democratic administration pushing for wealth redistribution or a Republican administration seeking budget balance, both parties have signaled their intent to tighten estate tax laws. What does this mean for you?
We’ve already seen proposals to:
- Lower the federal estate tax exemption.
- Eliminate popular gifting strategies.
- Crack down on trusts that shelter assets from taxation.
Right now, you can protect up to $12.92 million per individual ($25.84 million for married couples) from estate taxes, but this is set to sunset in 2026. When that happens, the exemption could drop to just $5 million per person, adjusted for inflation. However, depending on who wins ther election, this number is set to go even lower. We are heairng that if VP Kamala Harris wins the presidency, she will lower thr exemption to just $3.5M per person - that's a $10M drop!! If you haven’t structured your estate to take advantage of the current laws, you could face significant tax liabilities down the road. Imagine having a $20 million estate, only to see $15 million of it taxed at a rate of 40%. That’s a $6 million tax bill—money that could have gone to your family or favorite charity.
Estate Tax Loopholes at Risk
Several strategies that have helped high-net-worth families avoid large estate tax bills are at risk of disappearing. Here are some of the most vulnerable strategies:
- Grantor Retained Annuity Trusts (GRATs): GRATs allow you to transfer assets to your heirs while minimizing estate taxes. Essentially, you retain an annuity interest for a set period, and if the assets appreciate, the growth can pass to your heirs tax-free. However, changes are being proposed to limit the effectiveness of GRATs by requiring longer annuity periods or removing the ability to “zero out” the trust. This loophole may close sooner than expected.
- Dynasty Trusts: Designed to protect wealth across multiple generations, Dynasty Trusts have long been a favorite of affluent families looking to bypass estate taxes for future heirs. These trusts could soon be limited by either imposing a maximum duration or removing their ability to skip multiple generations of estate taxation.
- Discounted Gifting for Family Partnerships: For years, families have used valuation discounts to gift shares of family-owned businesses or real estate partnerships at reduced values. Proposed changes aim to eliminate these valuation discounts, making it harder to transfer wealth to heirs without incurring significant tax liabilities.
Each of these strategies has helped families like yours avoid millions in taxes, but none of them are guaranteed to last. If you want to take advantage of these opportunities, now is the time to act.
The Real Cost of Doing Nothing
Procrastination can be costly. Let’s break it down with a real-world example:
Imagine you’ve built a $20 million estate that you want to leave to your children. Under current laws, your estate could largely avoid taxation with proper planning. You could use GRATs, Dynasty Trusts, and gifting strategies to ensure your family keeps more of their inheritance. If you die today, only a small portion of your estate would be subject to taxes, and the tax burden could be minimized.
However, if you wait and the estate tax exemption drops to $5 million per person, your $20 million estate will face substantial taxes. If $15 million of your estate is subject to a 40% tax, your heirs would lose $6 million to the IRS. That’s money that could have stayed in your family or supported charitable causes that matter to you. By taking action now, you can protect your legacy and ensure that your wealth stays where it belongs: with your loved ones.
Why Act Now?
Time is not on your side. Whether you’ve already accumulated significant wealth or you’re still building your legacy, the clock is ticking. Tax laws are complex, and waiting too long could result in higher taxes, fewer planning options, and more challenges for your family after you’re gone.
At Monteforte Law, we specialize in helping high-net-worth families protect their assets and reduce estate tax exposure. Our proprietary 4-Step Asset Protection Plan ensures that your estate is structured to withstand the tax reforms headed our way. We don’t just protect your wealth—we protect your legacy, your loved ones, and your values.
The Benefits of Working with Monteforte Law
Unlike cookie-cutter estate planning services, we tailor each plan to your unique situation. Our goal is to preserve as much of your wealth as possible while reducing the tax burden on your heirs. Here’s what you get when you work with us:
- Custom Asset Protection Strategies: We craft solutions based on your specific needs, goals, and family dynamics.
- Expert Guidance on Trusts and Gifting: Our experienced team knows the ins and outs of GRATs, Dynasty Trusts, and other powerful tax-saving tools.
- Comprehensive Estate Planning: From trusts and wills to health care proxies and powers of attorney, we ensure that your entire estate plan is airtight and up-to-date.
We’re not just your estate planners for today—we’re your estate planners for life. As laws change, we’ll work with you to adapt your plan, ensuring that your assets and your family are always protected.
Don’t Wait Until It’s Too Late
No matter who wins the 2024 election, estate tax laws are going to change, and those changes will impact your family’s financial future. You can’t afford to wait. Contact us today to schedule a Strategic Planning Session. We’ll review your estate, explore your options, and develop a plan to protect your assets from unnecessary taxes.
Time is running out. The sooner you act, the better protected your legacy will be.
