An educational guide for retirees and pre‑retirees, prepared by Agemy Financial Strategies
Estate planning is about far more than drafting a will. For those approaching and in retirement, it is a critical part of protecting what you’ve built, caring for loved ones, and helping ensure your money is transferred according to your wishes — not default rules or unnecessary taxes. One of the most misunderstood areas of estate planning is estate tax law.
While many retirees assume estate taxes only affect the ultra‑wealthy, the reality is more nuanced. Federal exemptions are high, but state estate taxes, income tax implications for heirs, and changing laws can still create unintended consequences without proper planning.
This guide explains estate tax laws retirees should understand, how current rules work, common misconceptions, and practical strategies to help preserve your legacy with confidence.
What Is an Estate Tax?
An estate tax is a tax imposed on the transfer of assets at death. It applies to the total value of everything you own at the time of your passing, known as your gross estate. This may include:
- Cash and bank accounts
- Investment portfolios
- Retirement accounts (IRAs, 401(k)s, Roth accounts)
- Real estate, including primary and vacation homes
- Business interests
- Life insurance proceeds (in certain situations)
- Personal property such as vehicles, collectibles, and jewelry
If the value of your estate exceeds certain exemption thresholds, taxes may be owed before assets are distributed to heirs.
Importantly, estate taxes are different from inheritance taxes. Estate taxes are paid by the estate itself before assets are distributed. Inheritance taxes, which only apply in certain states, are paid by the beneficiary receiving the inheritance.

Federal Estate Tax Laws: The Basics for Retirees
Current Federal Estate Tax Exemption
Under current U.S. law, federal estate taxes apply only to estates above a generous exemption amount. As of 2026:
As of 2026: The federal estate/gift tax exemption is permanently set at $15 million per individual ($30 million for married couples), indexed for inflation going forward. This stability creates clear long-term planning—though state taxes, income tax basis planning, and asset growth still demand proactive strategies.
Only the portion above the exemption faces 40% federal tax.
Federal Estate Tax Rates
Federal estate tax rates are progressive, with a top rate of 40% on amounts above the exemption. While this rate is significant, proper planning can dramatically reduce — or eliminate — exposure.
The Unified Gift and Estate Tax System
The estate tax is unified with the gift tax. This means:
- Gifts made during your lifetime count toward your lifetime exemption
- The same exemption protects lifetime gifts and transfers at death
Large gifts do not usually trigger immediate tax, but they reduce the exemption available later.
Why Estate Tax Planning Still Matters for Retirees
Many retirees assume estate tax planning is unnecessary because their estate falls below federal thresholds. However, focusing only on the federal estate tax can be misleading.
Estate planning for retirees should also account for:
- State estate or inheritance taxes
- Income taxes heirs may owe on inherited assets
- Distribution timing and control
- Family dynamics, including blended families
- Charitable goals
- Protection against creditor or legal risk
Estate tax laws intersect with all of these considerations.
State Estate and Inheritance Taxes: A Hidden Risk
Even if your estate is not large enough to trigger federal estate tax, state‑level taxes may still apply.
Some states impose their own estate taxes with exemptions far lower than the federal level. Others levy inheritance taxes on beneficiaries, depending on their relationship to the deceased.
For retirees, this means:
- An estate that owes no federal tax may still owe state tax
- Planning strategies must account for where you live — and sometimes where your heirs live
State tax exposure is a common blind spot in retirement estate planning.
Estate Taxes and Retirement Accounts
Retirement accounts often represent one of the largest portions of a retiree’s estate — and they come with unique tax considerations.
Income Taxes for Heirs
Traditional IRAs and 401(k)s are funded with pre‑tax dollars. When heirs inherit these accounts, withdrawals are generally taxed as ordinary income.
Under current rules, many non‑spouse beneficiaries must withdraw inherited retirement accounts within a limited timeframe, accelerating income taxes.
This creates a double consideration:
- The value of the account may count toward your taxable estate
- Your heirs may face significant income taxes after inheriting
Roth Accounts
Roth IRAs offer different advantages. While still included in your estate value, qualified withdrawals by heirs are generally income‑tax‑free, making them a powerful legacy asset when coordinated properly.
Step‑Up in Basis: A Critical Tax Benefit for Heirs
One of the most valuable features of estate planning is the step‑up in cost basis.
Assets that pass through your estate typically receive a new tax basis equal to their fair market value at the date of death. This may reduce capital gains taxes for heirs who later sell the asset.
For example:
- An investment purchased decades ago for $50,000 may be worth $500,000 at death
- With a step‑up in basis, heirs may owe little or no capital gains tax if sold soon after
This is why gifting appreciated assets during life must be evaluated carefully — lifetime gifts do not receive a step‑up in basis.
Portability: What Married Retirees Should Know
Portability allows a surviving spouse to use any unused portion of a deceased spouse’s federal estate tax exemption.
This can be a powerful tool for married retirees, but it is not automatic. Certain elections must be made after the first spouse’s death to preserve unused exemptions.
While portability simplifies some planning, it may not replace the benefits of trusts, particularly when state taxes, asset protection, or remarriage risks are involved.
Trusts and Estate Tax Planning for Retirees
Trusts remain one of the most effective estate planning tools, even for retirees who do not expect to owe federal estate tax.
Common trust strategies include:
Credit Shelter (Bypass) Trusts
These trusts preserve the first spouse’s exemption while allowing the surviving spouse access to income or principal under defined terms.
Irrevocable Life Insurance Trusts (ILITs)
ILITs remove life insurance proceeds from the taxable estate, which can be critical for retirees with large policies.
Charitable Trusts
Charitable remainder and charitable lead trusts can provide income, tax benefits, and long‑term philanthropic impact.
Trust selection should align with your tax exposure, income needs, and family goals.
Charitable Strategies That Help Reduce Estate Taxes
For retirees with charitable intentions, philanthropy can be an effective estate planning tool.
Options may include:
- Direct bequests to charities
- Donor‑advised funds
- Qualified charitable distributions (QCDs) from IRAs
- Charitable trusts that provide lifetime income
Charitable gifts may reduce estate size while allowing you to support causes you value.
Common Estate Tax Mistakes Retirees Make
Even well‑intentioned retirees can make costly mistakes, including:
- Assuming estate taxes will never apply
- Failing to update beneficiary designations
- Overusing joint ownership without understanding the consequences
- Ignoring state estate or inheritance taxes
- Not coordinating retirement income planning with estate planning
Estate planning should be revisited regularly, especially after retirement, the death of a spouse, or major tax law changes.
When Should Retirees Review Their Estate Plan?
You should review your estate plan:
- At retirement
- After major changes in tax law
- After a significant change in net worth
- Following marriage, divorce, or remarriage
- After the birth of grandchildren
- When relocating to a new state
Estate planning is not a one‑time event — it is an ongoing process.
How Agemy Financial Strategies Helps Retirees Plan Confidently
At Agemy Financial Strategies, estate tax planning is integrated into your broader retirement strategy. We help retirees:
- Understand how estate taxes fit into their full financial picture
- Coordinate income planning with legacy goals
- Adjust strategies as laws and life circumstances evolve
Our goal is clarity, confidence, and continuity — so your wealth supports both your retirement and your legacy.
Final Thoughts
Estate tax laws may seem complex, but understanding how they apply to retirees is essential to protecting what you’ve earned. With thoughtful planning, most retirees can minimize taxes, reduce stress for loved ones, and help ensure assets are transferred efficiently and intentionally.
A proactive approach today can make a meaningful difference for generations to come.
If you’re approaching or already in retirement, now is the time to ensure your estate plan reflects current laws, your financial reality, and your long‑term wishes.
Contact us at agemy.com.
Investment advisory services are offered through Agemy Wealth Advisors, LLC, a Registered Investment Advisor and fiduciary to its clients. Agemy Financial Strategies, Inc. is a franchisee of Retirement Income Source®, LLC. Agemy Financial Strategies, Inc. and Agemy Wealth Advisors, LLC are associated entities. Agemy Financial Strategies, Inc. and Agemy Wealth Advisors, LLC entities are not associated with Retirement Income Source®, LLC. The information contained in this e-mail is intended for the exclusive use of the addressee(s) and may contain confidential or privileged information. Any review, reliance or distribution by others or forwarding without the express permission of the sender is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. To the extent permitted by law, Agemy Financial Strategies, Inc and Agemy Wealth Advisors, LLC, and Retirement Income Source, LLC do not accept any liability arising from the use or retransmission of the information in this e-mail.


















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