Taxes

Estate Tax

A tax assessed on the value of what you leave behind, paid by the estate rather than by the people who inherit.

Estate tax is charged on the net value of everything you own at death — property, accounts, business interests, life insurance you controlled, crypto — after debts, administration costs, and allowable deductions come off. The estate itself is the taxpayer, so your executor calculates the figure and pays it from estate funds before beneficiaries receive anything.

Most estates never encounter it. Federal law shields a substantial amount from tax before any liability arises, and that shield is high enough that the overwhelming majority of American families are not affected at all. The amount is adjusted over time and portions of it are scheduled to change, so the current threshold has to be checked against IRS guidance for the year in question rather than assumed.

The federal system is not the only one. A number of states levy their own estate tax, and their thresholds are frequently lower than the federal one — meaning an estate that owes nothing federally can still owe something at the state level. A few states instead tax the recipient through an inheritance tax. Which rules reach you depends on where you lived and where your property sits.

The useful question is rarely whether you will owe estate tax but whether your estate sits near enough to any applicable threshold to deserve attention. If it does, the tools are well established — lifetime gifting, irrevocable trusts, charitable structures — and all work better with lead time. Have a CPA run the numbers for your state.

Frequently asked

Do my beneficiaries pay income tax on what they inherit?
Generally no, and this is the most persistent confusion in the whole subject. Estate tax and income tax are separate systems. An inheritance is not treated as taxable income to the person receiving it, so a cash bequest arrives without an income tax bill attached. What can generate income tax is what happens afterward — an inherited retirement account being drawn down, or an inherited asset producing rent, dividends, or a gain when it is later sold.
How do you even value crypto and NFTs for estate tax purposes?
With difficulty, which is the honest answer. Fungible tokens on liquid exchanges have observable prices, though volatility means the value on the date of death can differ sharply from the value a week later. Thinly traded tokens and NFTs are harder still, sometimes requiring a formal appraisal because there is no reliable market price. Executors handling meaningful digital holdings should expect valuation to be a real task, not a lookup.
Does life insurance escape estate tax because it goes straight to a beneficiary?
It escapes probate, which is not the same thing. A policy you owned or controlled at death is generally included in your taxable estate even though the payout bypasses court and reaches the beneficiary directly. Large policies can therefore push an estate over a threshold unexpectedly. Where that is a genuine concern, ownership structures such as an irrevocable life insurance trust exist to address it, and they need to be set up well in advance.

This glossary is general information, not legal advice. Estate planning rules vary by state and change over time. Legacy Suite is not a law firm — for questions about your own situation, speak with a qualified estate planning attorney.

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