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Free Tax-Smart Estate Planning Guide

Texas Estate Tax & Basis Planning Worksheet

For Texas families with estates between $2 million and $28 million, ahead of the 2026 estate-tax sunset

What's Inside

A structured worksheet for evaluating federal estate-tax exposure, step-up-in-basis opportunities, community-property characterization, and trust income-tax design. Authored by an attorney with a Master of Laws in Taxation from NYU.

Total your gross estate — real estate, investments, retirement accounts, life insurance face value, business interests

Identify assets with significant unrealized capital gain (appreciated stock, real estate, crypto) and flag them as step-up candidates

Confirm community-property characterization of marital assets in Texas — both halves step up at first death

Compare your estate against the 2025 federal exemption ($13.99M/person) and the projected 2026 exemption (~$7M/person)

Evaluate lifetime gifting in 2025 to lock in the higher exemption before the sunset (use-it-or-lose-it)

Evaluate SLAT (Spousal Lifetime Access Trust) for married couples wanting to use both spouses' exemptions

Identify assets that should be gifted now (low-basis appreciating assets held for long horizon) vs. held for step-up

Review existing trusts for compressed-bracket income-tax exposure ($15,200 top-bracket threshold for trusts)

Evaluate intentionally-defective grantor trust (IDGT) structures for additional tax-free gifting via grantor-paid income tax

Confirm beneficiary designations on IRAs and 401(k)s align with SECURE Act 10-year rule planning

Document charitable giving plans — CRTs, CLTs, donor-advised funds — and integrate with estate plan

Schedule a tax-integrated estate plan review with an attorney and CPA before any 2025 exemption-use deadline

Created by Licensed Texas Attorneys

This guide was prepared by the legal team at Willingham Law Group with over 10,000+ clients served across North Texas.

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