How to Help Clients Avoid a Shock Tax Bill on Their Inheritance

As insurance agents and financial advisors, helping clients navigate inheritance tax issues is critical to protecting their legacy. A sudden tax bill can erode years of wealth, often catching beneficiaries by surprise. Here are some ideas on initiating meaningful, actionable conversations with clients around minimizing inheritance taxes, along with practical tips to help safeguard their assets.

1. Gifting While Living

Start the Conversation: "Many people aren't aware of the tax-free gifting limits, which can be a powerful tool for passing on wealth. Would you like to explore gifting strategies to help reduce future tax impacts on your estate?"

Why It Matters: The IRS allows individuals to gift up to $17,000 per year, per person, without triggering gift taxes. Couples can double this amount, allowing for a potential $34,000 transfer per recipient each year. This approach is especially advantageous for clients nearing the lifetime gift tax exemption threshold—currently $12.92 million per person or $25.84 million per couple.

Example Scenario: Imagine a client with an estate valued close to the exemption limit. By gifting to children or grandchildren each year, they reduce the taxable portion of their estate, potentially saving millions in taxes. This strategy is particularly urgent as the lifetime exemption, significantly increased by the Tax Cuts and Jobs Act, is set to revert to pre-2017 levels in 2025.

2. Gifting a Home While Continuing to Live in It

Start the Conversation: "Have you considered transferring ownership of your home while continuing to live there? This approach could streamline inheritance and reduce legal and tax complications for your heirs."

Why It Matters: Through a life estate, clients can gift their property while retaining the right to live there. They maintain responsibility for mortgage, taxes, and insurance, but by legally transferring the title, they avoid the probate process and simplify inheritance.

Example Scenario: Let’s say a client with a primary residence wants to leave it to their children. By setting up a life estate, they achieve this transfer smoothly and avoid probate, sparing their heirs the delays and costs associated with the court system. This solution is also beneficial in states with high probate fees or where probate takes significant time.

3. Setting Up a Trust

Start the Conversation: "Creating a trust can provide protection and privacy for your assets, potentially saving your heirs from lengthy probate processes and capital gains tax. Would you like to discuss how a trust could fit into your plan?"

Why It Matters: Using a trust can ensure assets pass smoothly and privately to beneficiaries without undergoing probate. A trust also makes heirs eligible for a "step-up" in basis for properties and other appreciated assets, reducing their capital gains tax when they eventually sell the property.

Example Scenario: Suppose a client owns a property bought for $20,000 that’s now worth $500,000. Without a trust, heirs may face significant capital gains tax based on the original purchase price. But with a trust and step-up in basis, the tax is calculated on the current market value, minimizing the tax burden.

Navigating inheritance tax strategies involves more than just choosing a solution. It requires informed, strategic conversations tailored to the client's specific circumstances and goals. These approaches—gifting while living, creating a life estate, and setting up trusts—empower clients to protect their legacy, reduce taxes, and streamline the inheritance process for their loved ones. As their advisor, helping them make these decisions can be a tremendous relief, allowing them to leave behind both wealth and peace of mind.

This approach not only educates clients but builds trust and positions you as a proactive partner in their financial journey.