4 Estate Tax Planning Strategies: How to Protect Your Legacy

Admin • December 22, 2023

You’ve worked hard to preserve and grow your wealth through the years, and you aspire to transfer your financial achievements as a legacy to your family and heirs. Unfortunately, estate taxes can significantly impact the wealth you intend to pass on. 

Understanding these taxes and their importance in making estate decisions can lead to more deliberate and effective estate planning. And incorporating tax strategies into your planning efforts can help you secure and preserve your legacy for future generations to come.

Understanding Estate Taxes

Estate taxes are commonly referred to as the “death tax,” and are defined by the government as a tax on your right to transfer property at your death . Your property consists of everything you own, including cash and securities, real estate, trusts, insurance, annuities, any business interests, and other assets.

Tax laws change constantly, and the thresholds and exemptions that determine your tax liability shift accordingly. In general, estate taxes must be paid when your estate is worth more than the current year’s exemption. The 2023 federal estate tax exemption is $12.92 million per individual, or $25.84 million for married couples.

Also known as the lifetime estate and gift tax exemption, this amount will increase to $13.61 million for 2024, or $27.22 million for couples. This means that if your estate is valued less than the exemption limit at the time of your passing, your heirs won’t owe taxes on your estate.

Individual states can levy their own estate taxes in addition to federal taxes, and some states may also have an inheritance tax that the beneficiary must pay. It’s important to stay informed of the latest tax rules and regulations and how they can potentially affect your estate.

Estate taxes can have a substantial impact on the wealth that is passed down to beneficiaries. Without a carefully crafted estate plan, a significant portion of your assets may be taxed, diminishing the legacy that you’ve worked so hard to establish. 

4 Estate Tax Planning Strategies

Estate tax planning can be a complex process, involving a variety of strategies to help minimize the tax burden on your estate and make the most of your legacy.

Carefully reviewing your assets and liabilities is a foundational step in estate tax planning. Evaluate all your assets, including savings, investments, real estate, personal property, and business interests, as well as any existing debts and liabilities. Understanding the composition and value of your estate is important to accurately assess your potential tax liabilities.

A comprehensive overview of your estate helps lay the groundwork for your planning and allows you to make informed decisions on gifting, trusts, and other estate tax planning strategies.

1. Be Strategically Generous 

Strategic gifting during your lifetime is a powerful tool in estate tax planning; both the annual and lifetime gift exemptions can help reduce the taxable value of your estate. Gift tax applies to the transfer, by gift, of any type of property, and is generally only paid on the amount that exceeds the lifetime exemption.

The annual gift exemption allows you to gift up to a certain amount each year to any individual; taking advantage of this exemption enables you to transfer your wealth gradually, without any tax implications. The annual gift exclusion before taxes are triggered in 2023 is $17,000 per person, or $34,000 for a married couple (in 2024, this amount will increase to $18,000 for individuals and $38,000 for married couples.) This exclusion is per gift, per recipient , not the total amount of all your gifts: for every family member or individual you wish to gift, you can give each one an amount up to the annual exclusion.  

If you gift over the annual gift exclusion, the excess amount is added to your lifetime estate and gift exemption. Once you’ve exceeded your lifetime exemption, you may be subject to taxes. 

The benefit of the lifetime exemption is that it enables you to gift larger amounts and assist with costly expenses like higher education or the purchase of a home, without incurring tax liability.

2. Establish Trusts

Trusts are another key component of estate tax planning strategies, as they offer unique features that help minimize the tax burden on your heirs. There are various types of trusts available, and understanding their distinctions and how they may complement your individual objectives is an essential part of estate planning.

In general, irrevocable trusts can offer asset protection by removing designated assets from your taxable estate. Your assets are held and distributed according to specific terms in your irrevocable trust, essentially shielding them from estate taxes. Irrevocable trusts include irrevocable life insurance trusts (ILITs), Grantor-retained annuity trusts (GRATs), spousal lifetime access trusts (SLATs), and qualified personal residence trusts (QPRTs).

Be mindful that irrevocable trusts are irrevocable – once set up, making any changes to the trust can be a complicated process. Irrevocable trusts also require you to give up control of those assets that are transferred into the trust, so it’s important to carefully consider the way you want to structure your trust.

Revocable trusts offer more flexibility and control during your lifetime, but any assets within these trusts are still considered part of your taxable estate. While there are no tax advantages like with irrevocable trusts, revocable trusts establish a seamless transfer of assets upon your passing, and simplify the distribution process by allowing your heirs to avoid probate.

3. Consider a Family Limited Partnerships

Creating a family limited partnership (FLP) can help minimize estate tax for family-owned businesses or assets by establishing a general partnership with your heirs and family as limited partners. FLPs allow you to transfer your assets while still retaining control over them, but your partners will own a portion of these assets. An FLP will decrease the size of your estate and can help preserve family wealth.

4. Offset Your Taxes with Charitable Giving

Charitable giving allows you to give back to society, and make an impactful contribution to your community or to causes that are meaningful to you. Through your charitable giving, you can also benefit from valuable tax advantages, as your charitable donations can reduce your taxable estate.

As part of your estate tax planning strategy, you can consider establishing donor-advised funds (DAFs), charitable trusts, or private foundations. These charitable giving strategies can further enhance the tax efficiency of donating to charitable organizations, and help you create a lasting legacy of goodwill and making a difference.

Estate Planning with Five Pine Wealth Management

Estate planning is an integral part of your financial planning, helping to protect and preserve your wealth for future generations. Carefully implementing estate tax planning strategies that are right for your objectives can ensure that your legacy endures for many more years.

Working with a financial professional can help you navigate the changing landscape of tax laws and the complexities of estate planning. At Five Pine Wealth Management , we are fiduciary advisors who work alongside you to develop a holistic financial and estate plan that is tailored to your needs, risk tolerance, and goals. We will always have your best interests in mind with every recommendation we make. To see if we can help you, please email us or call: 877.333.1015.

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December 22, 2025
Key Takeaways Your guaranteed income sources (pensions, Social Security) matter more than your age when deciding allocation. Retiring at 65 doesn't mean your timeline ends. You likely have 20-30 years of investing ahead. Think in time buckets: near-term stability, mid-term balance, long-term growth. You're 55 years old with over a million dollars saved for retirement. Your 401(k) statements arrive each month, and you find yourself questioning whether your current allocation still makes sense. Should you be moving everything to bonds? Keeping it all in stocks? Something in between? There's no single "correct" asset allocation for everyone in this position. What works for you depends on factors unique to your situation: your retirement income sources, spending needs, and risk tolerance. Let's look at what matters most as you approach this major life transition. Why Asset Allocation Changes as Retirement Approaches When you’re 30 or 40, your investment timeline stretches decades into the future. When you’re 55 and looking to retire at 65, that equation changes because you’re no longer just building wealth: you’re preparing to start spending it. You need enough growth to keep pace with inflation and fund decades of retirement, but you also need stability to avoid the need to sell investments during market downturns. At this point, asset allocation 10 years before retirement is more nuanced than a simple “more conservative” approach. Understanding Your Actual Time Horizon Hitting retirement age doesn't make your investment timeline shrink to zero. If you retire at 65 and live to 90, that's a 25-year investment horizon. Think about your money in buckets based on when you'll need it: Time Horizon Investment Approach Example Needs Short-Term (Years 1-5 of Retirement) Stable & accessible funds Monthly living expenses, healthcare costs, and early travel plans Medium-Term (Years 6-15) Moderate risk; balanced growth Home repairs, care and income replacement, and helping grandchildren with college Long-Term (Years 16+) Growth-oriented with a Long-term care expenses, decades-long timeline legacy planning, and extended longevity needs This bucket approach helps you think beyond simple stock-versus-bond percentages. Asset Allocation 10 Years Before Retirement: Starting Points While there's no one-size-fits-all answer, here are some reasonable starting frameworks: Conservative Approach (60% stocks / 40% bonds) : Makes sense if you have minimal guaranteed income or plan to begin drawing heavily from your portfolio upon retirement. Moderate Approach (70% stocks / 30% bonds) : Works well for those with some guaranteed income sources, moderate risk tolerance, and a flexible withdrawal strategy. Growth-Oriented Approach (80% stocks / 20% bonds) : Can be appropriate if you have substantial guaranteed income covering basic expenses and the flexibility to reduce spending temporarily as needed. Remember, these are starting points for discussion, not recommendations. 3 Steps to Evaluate Your Current Allocation Ready to see if your current allocation still makes sense? Here's how to start: Step 1: Calculate your current stock/bond split. Pull your recent statements and add up everything in stocks (including mutual funds and ETFs) versus bonds. Divide each by your total portfolio to get percentages. Step 2: List your guaranteed retirement income. Write down income sources that aren't portfolio-dependent: Social Security (estimate at ssa.gov), pensions, annuities, rental income, or planned part-time work. Total the monthly amount. Step 3: Calculate your coverage gap. Estimate monthly retirement expenses, then subtract your guaranteed income. If guaranteed income covers 70-80%+ of expenses, you can be more growth-oriented. Under 50% coverage means you'll need a more balanced approach. When to Adjust Your Allocation Here are specific triggers that signal it's time to review and potentially adjust: Your allocation has drifted more than 5% from target. If you started at 70/30 stocks to bonds and market movements have pushed you to 77/23, it's time to rebalance back to your target. Your retirement timeline changes significantly. Planning to retire at 60 instead of 65? That's a trigger. Every two years of timeline shift warrants a fresh look at your allocation. Major health changes occur. A serious diagnosis that changes your life expectancy or healthcare costs should prompt an allocation review. You gain or lose a guaranteed income source. Inheriting a pension through remarriage, losing expected Social Security benefits through divorce, or discovering your pension is underfunded. Market volatility affects your sleep. If you're checking your portfolio daily and feeling genuine anxiety about normal market movements, your allocation might be too aggressive for your comfort, and that's a valid reason to adjust. Beyond Stocks and Bonds Modern retirement planning involves more than just deciding your stock-to-bond ratio. Consider international diversification (20-30% of your stock allocation), real estate exposure through REITs, cash reserves covering 1-2 years of spending, and income-producing investments such as dividend-paying stocks. The Biggest Mistake: Becoming Too Conservative Too Soon Moving everything to bonds at 55 might feel safer, but it creates two significant problems. First, you're almost guaranteeing that inflation will outpace your returns over a 30-year retirement. Second, you're missing a decade of potential growth during your peak earning and saving years. The difference between 60% and 80% stock allocation over 10 years can mean hundreds of thousands of dollars in portfolio value. Being too conservative can be just as risky as being too aggressive, just in different ways. Questions to Ask Yourself As you think about your asset allocation for the next 10 years: What percentage of my retirement spending will be covered by Social Security, pensions, or other guaranteed income? How flexible is my retirement budget? Could I reduce spending by 10-20% during a market downturn? What's my emotional reaction to seeing my portfolio drop 20% or more? Do I plan to leave money to heirs, or is my goal to spend most of it during retirement? Your honest answers to these questions matter more than your age or any generic allocation rule. Work With Professionals Who Understand Your Complete Picture At Five Pine Wealth Management, we help clients work through these decisions by looking at their complete financial picture. We stress-test different allocation strategies against various market scenarios, coordinate withdrawal strategies with tax planning, and help clients understand the trade-offs between different approaches. If you're within 10 years of retirement and wondering whether your current allocation still makes sense, let's talk. Email us at info@fivepinewealth.com or call 877.333.1015 to schedule a conversation. Frequently Asked Questions (FAQs) Q: What is the rule of thumb for asset allocation by age? A: Traditional rules like "subtract your age from 100" are oversimplified. Your allocation should be based on your guaranteed income sources, spending flexibility, and risk tolerance; not just your age. Q: Should I move my 401(k) to bonds before retirement? A: Not entirely. You still need growth to outpace inflation. Gradually shift toward a balanced allocation (60-80% stocks, depending on your situation) and keep 1-2 years of expenses in stable investments. Q: What's the difference between stocks and bonds in a retirement portfolio?  A: Stocks provide growth potential to keep pace with inflation but come with volatility. Bonds offer stability and income but typically don't grow as much.
November 21, 2025
Key Takeaways Divorced spouses married 10+ years can claim Social Security benefits based on their ex’s record without reducing anyone else's benefits. Splitting retirement accounts requires specific legal documents (QDROs for 401(k)s) drafted precisely to your plan's requirements. Investment properties and taxable accounts carry hidden tax liabilities that significantly reduce their actual value. No one gets married planning for divorce. Yet here you are, facing a fresh financial start you never wanted. Maybe you’re 43 with two kids and suddenly managing on your own. Or you’re 56, staring down retirement in a decade, wondering how you’ll catch up after splitting assets down the middle. We get it. Divorce is brutal, emotionally and financially. And the financial piece often feels overwhelming when you're still processing everything else. According to research , women's household income drops by an average of 41% after divorce, while men's falls by about 23%. Those aren't just statistics. They're the reality many of our clients face when they first come to us. But here's something we've seen time and again: While you can't control what happened, you absolutely can control what happens next. Financial planning after divorce isn't just damage control. With the right approach, it can be the beginning of a more intentional and empowered relationship with your money. Here’s how to get there: First, Understand What You’re Working With Before you can move forward, you need a clear picture of your current financial situation. Start by gathering every financial document related to your divorce settlement: property division agreements, retirement account splits, alimony or child support arrangements, and any debt you’re responsible for. Then create a simple inventory: What you have: Bank account balances Investment and retirement accounts Home equity Expected alimony or child support income What you owe: Mortgage or rent obligations Credit card debt Car loans Student loans This baseline gives you something concrete to work with. You can't build a plan without knowing where you're starting from. Social Security Benefits for Divorced Spouses This one surprises people. If you were married for at least 10 years, you may be entitled to benefits based on your ex-spouse's work record, even if they've remarried. You can claim benefits based on your ex’s record if: Your marriage lasted 10+ years You’re currently unmarried You’re 62+ years old Your ex-spouse is eligible for Social Security benefits The benefit you can receive is up to 50% of your ex-spouse’s full retirement benefit if you wait until full retirement age to claim. Importantly, claiming benefits on your ex’s record doesn’t reduce their benefits or their current spouse’s benefits. If you’re eligible for both your own benefits and your ex’s, Social Security will automatically pay whichever amount is higher. What About Splitting Retirement Accounts in Divorce? Retirement accounts often represent one of the largest assets in a divorce settlement. Understanding how to handle the division properly can save you thousands in taxes and penalties. The QDRO Process For 401(k)s and most employer-sponsored retirement plans, you’ll need a Qualified Domestic Relations Order (QDRO). This legal document outlines the plan administrator's instructions for splitting the account without triggering early withdrawal penalties. QDROs must be drafted precisely according to both your divorce decree and the specific plan’s rules and requirements. We’ve seen clients lose thousands of dollars because their QDRO wasn’t accepted and had to be redrafted. Work with an attorney who specializes in QDROs. The upfront cost will be worth it to avoid expensive problems later. What About IRAs? Traditional and Roth IRAs can be split through your divorce decree without a QDRO. The transfer must be made directly from one IRA to another (not withdrawn or deposited) to avoid taxes and penalties. Tax Implications to Consider When you receive retirement assets in a divorce, you’re getting the account value and its future tax liability. A $200k traditional 401(k) isn’t worth the same as $200k in a Roth IRA or home equity, because of the different tax treatments. Many settlements divide assets dollar-for-dollar without considering how those dollars are taxed, so make sure yours addresses these differences. Dividing Investment Properties and Taxable Accounts Retirement accounts aren’t the only assets that require careful handling. If you own real estate investments or taxable brokerage accounts, the way you divide them matters. The Capital Gains Dilemma Let’s say you own a rental property purchased for $200k and is now worth $400k. Selling it as part of the divorce triggers capital gains tax on that gain, potentially $30,000-$60,000, depending on your tax bracket. Some couples avoid this by having one spouse keep the property and buy out the other’s share. This defers the tax hit, but you’ll want to ensure the buyout price accounts for future tax liability. Taxable Investment Accounts Brokerage accounts can be divided without triggering taxes if you transfer shares directly rather than selling and splitting proceeds. However, not all shares are equal from a tax perspective. Smart divorce settlements account for the cost basis of investments. These decisions require coordination between your divorce attorney, a CPA who understands divorce taxation, and a financial advisor who can model different scenarios. We remember a client whose settlement gave her a rental property “worth” $350,000. But the $80,000 in deferred capital gains owed when selling wasn’t accounted for. She effectively received $270,000 in value, not $350,000, a massive difference in her actual financial position. Building Your New Budget and Savings Strategy Living on one income after years of two requires adjustment. Start with your new essential expenses: housing, utilities, groceries, transportation, insurance, and any child-related costs. Then look at what’s left: this is where you begin rebuilding your financial cushion. Rebuilding Your Emergency Fund If you had to split or use your emergency savings during the divorce, rebuilding should be your first priority. Aim for at least three months of expenses, then work toward six months. Even $100 a month adds up to $1,200 each year. Maximize Retirement Contributions This feels counterintuitive when money is tight, but if your employer offers a 401(k) match, contribute at least enough to get a full match. Otherwise, you’re leaving free money on the table. If you’re over 50, take advantage of catch-up contributions. For 2025, you can contribute up to $23,500 to a 401(k), plus an additional $7,500 in catch-up contributions. If you're between 60-63, that catch-up increases to $11,250. Address Debt Strategically Post-divorce debt looks different for everyone. If you accumulated credit card debt while covering legal fees or temporary living expenses during divorce proceedings, prioritize paying these off once your settlement funds are available. Updating Your Estate Documents Updating beneficiaries and estate documents, a critical step, is sometimes overlooked. Check beneficiaries on: Life insurance policies Retirement accounts Bank accounts with payable-on-death designations Investment accounts Beneficiary designations override what’s in your will. We’ve seen ex-spouses receive retirement assets years after a divorce simply because the account owner failed to update beneficiaries. Address your will, healthcare power of attorney, and financial power of attorney, too. You're Not Starting from Zero Rebuilding wealth after divorce is about creating a financial foundation that supports the life you want to build moving forward. You have experience, earning potential, and time. It’s not a matter of if you can rebuild, but how efficiently you’ll do it. If you’re navigating financial planning after divorce, we can help. At Five Pine Wealth Management, we work with clients through major life transitions, creating practical strategies tailored to your specific situation. Call us at 877.333.1015 or email info@fivepinewealth.com to schedule a conversation. Frequently Asked Questions (FAQs) Q: Will I lose my ex-spouse's Social Security benefits if I remarry? A: Yes. Once you remarry, you can no longer collect your ex-spouse’s benefits. However, if your new marriage ends, you may claim benefits based on whichever ex-spouse's record is higher. Q: How long after divorce should I wait before making major financial decisions? A: Most advisors recommend waiting 6-12 months before making irreversible decisions like selling your home or making large investments. Focus first on understanding your new financial situation and letting the emotional dust settle. Q: Should I keep the house or take more retirement assets in the settlement?  A: This depends on your specific situation, but remember: houses have ongoing costs like property taxes, insurance, maintenance, and utilities that retirement accounts don't. We help clients run scenarios comparing both options, factoring in everything from cash flow needs to long-term growth potential, before deciding what makes sense for their situation.