For many affluent families, estate planning services have long centered on one looming concern: the federal estate tax exemption was going to drop. Years of planning designed around complex trusts, accelerated gifting programs, and life insurance structures all shared the same assumption. A "sunset" was coming.
That sunset never arrived. The One Big Beautiful Bill Act (OBBBA), signed into law on July 4, 2025, permanently raised the federal exemption to $15 million per person. For married couples, that figure doubles to $30 million, effective January 1, 2026. A plan carefully constructed three to five years ago may now be over-built for the tax environment it was designed to combat. The question isn't just whether your plan is current. It's whether it still makes sense at all.
How the Estate Planning Services Rule Changed and Why It Matters
The OBBBA represents the most consequential shift in estate tax law since 2017. Previously, families were racing against a scheduled exemption reduction. That urgency no longer exists in the same form. The $15 million per-person exemption is indexed for inflation, meaning it will grow each year beginning in 2027. The annual gift exclusion also increased to $19,000 per recipient, or $38,000 for married couples. Together, these changes represent a meaningful expansion of tax-free transfer capacity.

For years, advisors encouraged clients to lock in gifting strategies and fund irrevocable trusts. The goal was to act before a lower exemption could expose their estate to a 40% federal tax. Those decisions made sense at the time. Now that the exemption has been raised on a permanent basis, some existing structures deserve a candid reassessment.
When Over-Engineering Becomes a Liability
Here's an honest question: is every structure in your plan still earning its place? Some tools constructed for a lower-exemption environment are now unnecessarily complex. They carry real administrative and financial costs, often without clear tax-saving value.
Consider these common arrangements:
- Irrevocable Life Insurance Trusts (ILITs). Originally designed to keep insurance proceeds out of a taxable estate, an ILIT may no longer be necessary if your estate sits comfortably below the new threshold. Premiums, trustee fees, and ongoing administrative costs continue regardless of whether the vehicle still serves a purpose.
- Aggressive gifting programs. Accelerated lifetime transfers made strategic sense under a lower threshold. With significantly more room under the new exemption, some programs may now be more restrictive than necessary.
- SLATs and GRATs. Spousal Lifetime Access Trusts and Grantor Retained Annuity Trusts remain powerful when used with intention. Frameworks funded out of deadline pressure rather than long-term strategy, however, may benefit from recalibration.
Unwinding an irrevocable trust isn't always simple. Some require beneficiary consent, court approval, or state-law alternatives. The goal isn't to immediately dismantle what you've established. It's to determine whether each arrangement still fulfills its original purpose and at what ongoing cost.
Simplify, Restructure, or Stay the Course
The right answer depends on where your net worth sits relative to the new threshold. There is no universal approach. Every investor's situation is distinct, and decisions should always be made alongside qualified advisors.
Married couples with combined estates in the $15 million to $30 million range are generally shielded from federal estate tax under existing law. Many families here can still benefit from opportunistic transfers. Asset appreciation can push a portfolio above the exemption ceiling over time, particularly for those holding illiquid or fast-growing assets.
For estates below $15 million per person, priorities may shift away from tax minimization entirely. Liquidity, asset protection, and thoughtful distribution among heirs can take center stage. Over-engineered frameworks in this range may be generating friction without a corresponding advantage.

It's also essential to understand what "permanent" means in tax law. A future administration could modify or reduce the current exemptions. Planning under uncertainty has always been a core discipline of estate law. The appropriate response to a favorable shift is recalibration, not complacency.
Why $15 Million Is Still Just a Starting Point
For ultra-high-net-worth families, the expanded exemption doesn't eliminate the need for sophisticated planning. It shifts the nature of it.
Estates valued well above $30 million face significant federal estate tax exposure. The top rate remains 40%. Appreciating and illiquid assets can drive taxable values far higher over time. Real estate portfolios, privately held businesses, and concentrated equity positions are common culprits that compound the challenge.
For families with closely held business interests, liquidity planning and buy-sell agreements remain critical considerations that exist entirely outside the exemption discussion.
State-level estate taxes may also remain a consideration depending on your jurisdiction. Some states impose estate taxes at thresholds far below the federal limit, meaning a federal exemption increase doesn't eliminate all exposure. Tools like dynasty trusts, GRATs, and charitable structures remain highly relevant at this level.
The objective evolves from exemption-driven transfers to optimizing the long-term architecture of a family's legacy. Multigenerational governance, tax-efficient succession, and asset protection all carry greater strategic weight when the federal threshold is no longer the primary driver.
Take This Moment to Look Under the Hood
If your estate plan was designed around a sunset that never arrived, now is the time to examine what still serves your goals and what no longer does. Your financial profile, family dynamics, and the legal environment have all shifted.
At Balboa Wealth Partners, we work with high-net-worth individuals and families to review and recalibrate estate strategies in light of today's landscape. Our team can help you determine whether existing structures should be unwound, refined, or affirmed.
Contact us today to schedule a comprehensive estate plan review. Don't assume permanence means protection. Own your plan.
ABOUT JEFF
Jeff Gilbert is the founder and CEO of Balboa Wealth Partners, a holistic wealth management firm dedicated to providing clients guidance today for tomorrow’s success. With over three decades of industry experience, he has worked as both an advisor and executive-level manager, partnering with and serving a diverse range of clients. Specializing in serving high- and ultra-high-net-worth families, Jeff aims to help clients achieve their short-term and long-term goals, worry less about their finances, and focus more on their life’s passions. Based in Scottsdale, Arizona, Jeff works with clients throughout the entire country. To learn more, connect with Jeff on LinkedIn or email jgilbert@balboawealth.com.
Advisory services provided by Balboa Wealth Partners, Inc., an Investment Advisor registered with the SEC. Advisory services are only offered to clients or prospective clients where Balboa Wealth Partners and its Investment Advisor Representatives are properly licensed or exempt from registration.







