2026 Estate Planning Changes: New Tax Rules and Court Cases

What Happened

Estate planning attorney Clary Redd published analysis in Trusts & Estates examining how 2026 legislative and judicial developments affect estate planning strategies. The column focuses on the One Big Beautiful Bill Act (OBBBA), formally known as H.R. 1, which became law on July 4, 2025. This legislation introduced significant changes to estate and tax planning provisions that took effect in 2026.

The OBBBA modified several key areas of estate planning law, including the basic exclusion amount for federal estate taxes, the state and local tax (SALT) deduction, charitable income tax deductions, itemized deduction restrictions, qualified small business stock provisions, qualified business income rules, and qualified opportunity funds. These changes create both new planning opportunities and increased complexity for estate planning professionals and their clients.

Redd’s analysis also examined two important 2025 Tax Court cases that highlight the importance of precision in estate tax elections. Estate of Rowland v. Commissioner demonstrated the consequences of a defective portability election, while Estate of Griffin v. Commissioner showed how a small error in a QTIP election can result in forfeiture of the marital deduction. These cases serve as cautionary examples for estate planning practitioners navigating the evolving tax landscape.

What It Means

The OBBBA’s changes to the federal estate tax basic exclusion amount directly impact families across all states, but the effects vary significantly based on local estate tax laws. Currently, the federal estate tax exemption stands at $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source per individual, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source for married couples who properly plan for portability. However, several states maintain their own estate taxes with much lower thresholds, creating additional planning considerations.

The Tax Court cases highlighted in Redd’s analysis underscore critical technical requirements that can make or break estate planning strategies. The portability election allows surviving spouses to use their deceased spouse’s unused federal exemption, but only if properly elected on a timely filed estate tax return. The QTIP election enables assets to qualify for the unlimited marital deduction while preserving the deceased spouse’s control over ultimate distribution. Both elections require precise execution and documentation.

These developments particularly affect families with estates approaching or exceeding federal and state exemption thresholds. The OBBBA’s modifications to charitable deduction rules and qualified business provisions may require existing estate plans to be reviewed and updated. Families who previously relied on specific tax strategies may find their plans less effective or potentially problematic under the new rules. The changes also create new opportunities for tax-efficient wealth transfer strategies, but these require careful analysis and professional guidance to implement correctly.

Context from SimplyTrust

Estate planning involves navigating complex federal and state tax rules that change frequently through legislation and court decisions. While most families don’t face federal estate tax exposure due to the high exemption amounts, proper planning remains essential for asset protection, probate avoidance, and ensuring wishes are carried out effectively. The technical precision required for tax elections and compliance highlights the importance of maintaining accurate records and documentation throughout the estate planning process.

For families concerned about potential estate tax implications, tools like a probate calculator can help estimate potential costs and identify planning opportunities. Understanding the basics of estate planning through resources like the comprehensive guide to estate planning provides a foundation for making informed decisions about wealth transfer strategies.

Source: Redd Provides Insight on 2026 Estate and Trust Planning Landscape in Trusts & Estates