Playbook of the Wealthy
So many people obsess over estate tax laws and the $15 million federal estate tax exemption, and quietly walk right into a state estate tax problem they never saw coming. In this episode, Dave and Heather dig into the tax that's already hitting their clients: the 12 states that tax estates at limits far below federal, where a single dollar over the line can make your ENTIRE estate taxable.▶ Listen on Apple, Spotify, or visit https://playbookotw.com★ WHAT YOU'LL LEARN ★▸ Why the federal exemption is a red herring — only 12 states levy an estate tax, but their limits run from $1M (Oregon) to ~$13M (Connecticut), and that's the gap that gets you▸ The "cliff" that should terrify you: cross Illinois' $4M limit by a single dollar and the entire estate becomes taxable — plus a graduated tax and a mountain of compliance▸ Why seven-figure earners in their 40s already have an estate problem — and why their documents have to be designed as if they could die tomorrow▸ The portability trap: some states (like Washington) won't let a surviving spouse inherit the deceased's exemption — so it simply vanishes▸ Why illiquid assets are the real danger — you can't "sell a bedroom" or chop off part of a business to cover the tax bill the state wants up front▸ How to spot a good estate attorney from a bad one — the ones who design pretty documents without thinking through taxes, liquidity, and how it all actually gets carried out▸ The vacation-home tax bomb: own a second home in a taxing state and it becomes partially taxable there, even if you never lived there▸ Annual gifting in plain English — $19,000 per person in 2026 ($38k per recipient for married couples) and how "warm hands vs. cold hands" reframes giving▸ AB trusts vs. disclaimer trusts — why a strategy that nearly died at the federal level is roaring back as a STATE planning tool, and why optionality matters▸ How business owners use an ILIT so heirs can pay the estate tax with insurance proceeds instead of being forced to sell the business★ CHAPTERS ★00:00 Cold open: illiquid assets, family fights, and "warm hands vs. cold hands"01:18 Welcome — today we're talking state estate tax law (yes, it's nerdy)01:40 What the federal estate tax exemption actually means02:10 The part everyone forgets: your state may want its own cut03:20 Problem 1: Does your state's limit differ from federal? (only 12 states tax)04:40 Problem 2: The "cliff" — go $1 over and your whole estate is taxable05:43 Why high earners in their 40s have to plan now06:21 Problem 3: Lack of portability between spouses09:42 Problem 4: The liquidity trap of real estate and businesses10:05 How to tell a good estate attorney from a bad one11:02 Problem 5: Real estate in multiple states (the vacation-home bomb)12:13 Solutions begin: annual gifting and gift splitting13:59 "Warm hands vs. cold hands" — the case for giving while you're alive14:42 AB trusts and disclaimer trusts explained19:31 ILITs: irrevocable life insurance trusts for business owners20:38 Tying a bow: start with your end goal, and don't make anything permanent22:37 What Would You Do?22:42 Scenario 1: 45, single, $3.5M estate in a $4M-limit state23:55 Scenario 2: 85 couple, real estate in three states, $6M total26:15 Scenario 3: 70-year-old leaving a $12M business to three sons29:46 Highlights: Heather's fitness reboot and the seven-miles-a-day plan31:31 Highlights: the accidental backyard pumpkin patch34:02 Wrap up
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