The Hidden Tax Traps in Your Estate Plan – And How to Avoid Them
- Jeff Berenholz
- Mar 19
- 3 min read

It’s tax season, which means now is the perfect time to review your estate plan to ensure it won’t leave your loved ones with an unexpected tax bill.
Many people assume that once they’ve created an estate plan, their assets will smoothly transfer to heirs—but hidden tax traps in your estate plan like estate taxes, capital gains taxes, and retirement account missteps can drastically reduce your family’s inheritance.
Here are three common hidden tax traps in your estate plan and how to avoid them so you can maximize what you leave behind.
Trap #1 – Not Using the Gift Tax Exemption
The gift tax exemption allows you to gift up to $18,000 per person in 2025 without paying any tax. Using this strategy, you can reduce the size of your taxable estate over time and avoid leaving your heirs with a huge estate tax bill.
Example: Sarah wants to leave her daughter $500,000. Instead of gifting portions of it annually, she waits to pass it all through her will. Since Sarah’s estate exceeds the federal exemption limit, her daughter is hit with a hefty estate tax—reducing her inheritance significantly.
How to Avoid It:
Take advantage of the annual gift tax exclusion by gifting assets gradually.
Consider trusts to transfer wealth strategically and minimize tax liability.
Work with an estate planning attorney to structure gifts tax-efficiently.
Trap #2 – Failing to Plan for Capital Gains Taxes
If heirs inherit assets that have significantly increased in value, they may owe capital gains taxes when selling them. However, proper estate planning can minimize or eliminate this tax burden.
Example: John inherits a house his father purchased decades ago for $100,000. When he sells it for $500,000, he faces a capital gains tax on the $400,000 increase in value.
How to Avoid It:
Use a step-up in basis strategy, which adjusts the property’s value to its fair market value at the time of inheritance—reducing or eliminating capital gains tax.
Consider trust-based estate planning to shelter assets and limit tax exposure for heirs.
Trap #3 – Naming the Wrong Beneficiaries for Retirement Accounts
Many people don’t realize that naming the wrong beneficiary on an IRA or 401(k) can lead to major tax consequences for their heirs.
Example: Lisa named her estate as the beneficiary of her IRA instead of her children. Because of this:
The IRA must go through probate, delaying access to funds.
The tax advantages of stretching withdrawals over multiple years are lost.
Her heirs face a higher tax burden due to faster mandatory withdrawals.
How to Avoid It:
Always name individuals (not your estate) as primary IRA and 401(k) beneficiaries.
Consider a trust for retirement accounts to provide asset protection and long-term tax advantages.
Work with an estate planning attorney to structure tax-efficient beneficiary designations.
Take the Next Step – Avoid Hidden Tax Traps in Your Estate Plan
Many assume estate planning is just about asset distribution, but tax efficiency is just as critical. Without proper planning, your heirs could lose thousands to unnecessary taxes.
Book a Peace of Mind Planning Session today to ensure your estate plan is tax-smart and future-ready.
We’ll answer your questions, explain your options, and walk you through tax-saving strategies.
The session is normally $450, but mention this blog and we’ll waive the fee!
Schedule Your Peace of Mind Planning Session Now
Comentários