What estate planning services does Marissa Petillo Law offer in Central Florida?

Marissa Petillo Law provides comprehensive wills, trusts, probate assistance, and estate planning tailored for Central Florida residents.

What is the difference between a will and a trust in Florida?

A will outlines asset distribution after death and requires probate, while a revocable living trust can manage assets during your life and often allows families to avoid the probate process entirely.

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

Dec 7

Written By Marissa Petillo

🚨 2026 FLASH UPDATE

The highly anticipated "Estate Tax Sunset" has been officially repealed by the One Big Beautiful Bill Act (OBBBA). Instead of cutting the limits in half, the federal exemption has risen to an all-time high of $15 million per person (roughly $30 million for married couples) for 2026. While the immediate tax cliff is gone, the landscape of wealth preservation has transformed. Read below to see how these new numbers change your planning strategy.

There is a massive shift taking place in federal tax law right now. While it might sound like a technicality meant only for Wall Street, it actually impacts how growing families across Central Florida need to protect their homes, investments, and businesses moving forward.

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

Throughout most of last year, tax professionals and families alike braced for a legislative "sunset" that would have slashed the federal estate tax exemption down to roughly $7 million. The passage of the OBBBA completely flipped the script, locking in a historic $15 million per-individual threshold that will continue to adjust upwards for inflation.

While this legislative permanence provides incredible relief, it does not mean you should hit "snooze" on your estate planning. In fact, for Florida residents, this historic high makes specific legal strategies—like anchoring a proper Portability election to guarantee a surviving spouse can claim the full $30 million couple's limit—absolutely vital to execute correctly before a crisis occurs.

Why Your Florida Estate Plan Needs a "Growth" Strategy

Even if your household net worth is comfortably under the $15 million mark today, an estate is never a static, frozen number. A successful, hardworking life means that your primary assets—your family home in Central Florida, your retirement investments, and your local business interests—will naturally compound over time.

Consider this math: If you have a combined family estate worth $9 million today, you are currently completely safe from federal estate taxes. However, at a modest 7% annual growth rate, that same $9 million estate will grow to over $17.7 million in just 10 years.

Because tax codes are written in ink and not carved in stone, a future Congress could easily lower the exemption limits again down the road. What is completely tax-free today could easily become a massive, unexpected tax liability for your children tomorrow. True planning means monitoring these shifting thresholds so that as your personal wealth grows, your structural legal protection grows right along with it.

Florida Property Planning: Lady Bird Deeds vs. Trusts

Many homeowners in Orange and Lake Counties search for the simplest way to shield their real estate. While an enhanced life estate deed (commonly known as a Lady Bird Deed) is an excellent tool to transfer a primary residence outside of probate, it offers absolutely zero protection for your bank accounts, digital assets, or long-term tax strategy. For families seeking a comprehensive shield that can adapt to changing federal laws, a Revocable Living Trust remains the gold standard for total control and multi-asset flexibility.

Optimize Your Plan for Today's Rules

The good news is that smart, practical legal frameworks are available to keep your legacy streamlined, private, and highly tax-efficient. This new legislative era is the perfect window to audit an existing estate plan—especially if your current documents were drafted before these permanent $15 million rules were officially written into law.

To review the basic foundational elements required to keep an estate running seamlessly under current guidelines, take a look at our detailed Last Will and Testament guide or visit our central FAQ platform.

Book a Peace of Mind Planning Session

We partner face-to-face with families throughout Winter Garden, Windermere, Clermont, and the surrounding Orlando communities to build resilient, legally precise estate plans. Schedule your session below to secure your family's future under the latest guidelines.

✨ Mention this article during your consultation and we will waive the $450 session fee!