Impacts of the Trump Presidency on Estate Planning: Your Quick Guide

It's official — the Electoral College voted on December 19, 2016, essentially completing the 2016 presidential election cycle. With that bit of uncertainty behind us and a fresh year starting out, here's what you need to know about planning your estate under the incoming Trump administration and Republican-controlled Congress.

President Trump’s Tax Plan

A new president usually means major shakeups in fiscal and tax policy, and Trump’s tax plan is no exception. Here are several of the proposed changes we will potentially see rolling out during his administration:

• The repeal of the estate tax
• Lower income tax rates
• The introduction of a tax deduction for childcare costs
• Dependent care savings accounts (DCSAs) with conditional matching
• The switch from seven to three tax brackets
• Increased standard joint deduction from $12,600 to $30,000
• Increased itemized deductions cap from $100,000 to $200,000
• Decrease in business tax from 35 percent to 15 percent

Of these proposed changes, the repeal of the estate tax, also known as the “death tax,” means your assets would not be taxed by the government upon your death and would transfer in full to your beneficiaries. It is also predicted that the gift and generation-skipping taxes may be repealed as well. All of these actions could result in a greater ability to keep wealth within your family, but we will have to wait until we see the final legislation to know the exact mechanics. Additionally, the proposed changes would also negatively impact taxation on charitable gifts and other philanthropic gestures contained in your estate plan.

Estate taxes differ from state to state, so the wisest move in your playbook is to go over your estate plan with an experienced estate planning attorney to discover how these changes may impact its other components.

That being said, proposed policy changes must go through Congress, which has its own agendas and ideas about fiscal and tax policy. So, by staying on top of new developments and in close contact with your team, you’ll be prepared for whatever unfolds over the coming years.

More benefits to trust-based planning

There are also many non-tax-related benefits to trust-based planning that you can take advantage of regardless of which proposed changes take place under the new administration and Congress. Just a few key benefits of trust-based planning include:

• Greater privacy for your family and avoidance of probate
• Incapacity protection and avoidance of conservatorship or guardianship
• The creation of lifetime beneficiary directed trusts providing long-term asset protection benefits to your heirs

Not even the nation’s top financial experts know exactly how Trump’s presidency and the Republican-run Congress will impact estate planning best practices for every citizen, but an estate planning attorney can guide your estate planning in a smart, careful, and decisive manner.

We’re here to help you navigate policy changes to ensure your estate is managed as beneficially as possible for you and your family for generations to come. Give us a call today to get the ball rolling.