The Estate Tax Is Changing in 2026 — Here’s What That Means for You

Originally Published: Dec 7, 2025 | Latest Update: 2026

🚨 2026 FLASH UPDATE: Since this post was first published, the "Estate Tax Sunset" has been officially repealed by the One Big Beautiful Bill Act (OBBBA). The federal exemption has actually increased to $15 million per person (roughly $30 million for married couples) for 2026. While the "tax cliff" is gone for now, the landscape of estate planning remains in flux. Read below for how to navigate these new numbers and protect your family's future.

There’s a major change coming in estate planning, and it may affect your family without you even realizing it.

How the $15M Federal Estate Tax Exemption Affects Florida Families

For most of 2025, we prepared for a "Sunset" that would have slashed the federal estate tax exemption in half. However, with the passage of the OBBBA, the federal exemption is now at an all-time high of $15 million per individual.

While this is a relief, it doesn't mean you should hit "snooze" on your planning. In fact, for Florida residents, the high exemption makes strategies like Portability (ensuring a surviving spouse can use the full $30M couple's limit) even more vital.

Why Your Florida Estate Plan Needs a 'Growth' Strategy

Even if you are currently under the $15 million threshold, your estate isn't a static number. A successful life means your assets—your home in Central Florida, your investments, and your business—will continue to grow.

The Future Tax Risk: If you have a $9 million estate today, you are currently "safe" from federal taxes. However, at a modest 7% annual growth rate, that $9 million could be worth over $17.7 million in just 10 years. Because tax laws are never set in stone, what is "tax-free" today could easily become a "tax bill" tomorrow if the exemption is lowered by a future Congress. This is why we don't just "set and forget" your plan. We keep a close eye on these shifting thresholds to ensure that as your wealth grows, your tax protection grows with it.

Florida Planning: Lady Bird Deeds vs. Trusts

Many Floridians are searching for the "easiest" way to protect their homes. While a Lady Bird Deed is a popular tool for avoiding probate on a primary residence, it offers zero protection for your bank accounts, brokerage accounts, or long-term tax planning. For families looking for a comprehensive safety net that can adapt to future law changes, a Revocable Living Trust remains the "Gold Standard" for full control and flexibility.

Start Planning Today!

The good news is, there are smart, legal strategies available to help simplify your legacy.

2026 is a critical window to review your existing plan—especially if it was written before these new $15M rules were announced. Start by booking a Peace of Mind Planning Session. We’ll walk through your options, go over our flat fees, and ensure your plan is optimized for today’s laws while remaining shielded against whatever changes tomorrow may bring.

Book your session here:https://calendly.com/marissapetilloestateplanning/peaceofmindplanningsession