Let's Talk Legal: Estate Tax in 2026

January 20, 2026 | Wesley Collins

Hosts discussed 2026 federal and NC estate tax changes, noting the estate tax exemption rose to $15 million per individual and the annual gift tax exclusion increased to $19,000 per recipient. They explained gifting rules, reporting requirements, charitable gifts (unlimited) and the 40% tax on amounts exceeding the exemption, and highlighted planning opportunities for passing real estate and businesses to the next generation. They also emphasized that long-term care costs—often paid privately—are now a primary threat to estates, recommending elder-law and asset-protection planning.

Estate tax exemption level and background

  • Historical context of estate tax thresholds and past concern among clients (00:25–03:29) [00:25] [01:15] [02:08] [03:00]

  • 2026 federal (and North Carolina) estate tax exemption raised to $15 million per individual (up from $13.9M in 2025). Implication: estates under $15M generally not subject to federal/N.C. estate tax (04:05–04:30) [04:05] [04:30]

  • Many listeners are unaware of the increase; only very wealthy estates typically meet the threshold (04:59–06:19) [04:59] [06:19]

Annual gift exclusion and gift-tax basics

  • Annual gift exclusion increased from $10,000 (historical) to $19,000 per recipient in 2026; gifts at or below this amount do not require reporting (06:49–07:46) [06:49] [07:18] [07:46]

  • Gifts exceeding $19,000 must be reported on a gift tax return; lifetime gift/estate exemption equals the $15M exemption and lifetime gifts reduce the remaining exemption available at death (08:14–10:02) [08:14] [08:42] [09:09] [09:37] [10:02]

  • Example: gifting several million during life reduces the remaining exemption (e.g., gift $3M leaves $12M of exemption) and must be recorded by the IRS (09:37–10:02) [09:37] [10:02]

  • $19,000 per person annual exclusion requires no reporting; amounts above that require filing (10:02–10:47) [10:02] [10:47]

Charitable gifts and tax treatment

  • Charitable bequests or outright gifts to qualifying charities are unlimited for estate tax exclusion purposes; leaving part of the estate to charity can eliminate estate tax on remaining assets under planning scenarios (14:12–15:08) [14:12] [14:41] [15:08]

  • Example: in a $20M estate, $5M left to charity and $15M to heirs could result in zero estate tax liability (15:08–15:35) [15:08] [15:35]

  • Amounts exceeding the exemption are subject to a high estate tax rate (discussed as ~40% on amounts over the exemption) (15:35–16:27) [15:35] [16:01] [16:27]

Valuation and what counts in the estate

  • Comprehensive inventory is essential: real estate, business interests, stock accounts, life insurance, IRAs, 401(k)s, annuities — all are included in estate valuation (01:45–03:00) [01:45] [02:34] [03:00]

  • Assets that pass by beneficiary designation (life insurance, IRAs, POD accounts) are still included in the gross estate for estate tax calculation (18:12–19:36) [18:12] [18:42] [19:08] [19:36]

  • Real estate values (especially coastal cottages, vacation homes) have appreciated significantly and can push owners closer to exemption limits—importance of inventory and valuation review (05:53–06:49) [05:53] [06:19] [11:42] [12:11]

Opportunities for intergenerational transfers and business succession

  • Higher exemption and larger annual gift exclusion create more opportunity for gifting property, business stock, and transferring management/control to next generation during lifetime (11:15–13:08) [11:15] [12:41] [13:08]

  • Gifting corporate stock or business interests up to $19,000 per recipient annually without reporting can be part of succession strategies (23:51–24:19) [23:51] [24:19]

  • Greater flexibility now for business owners to transfer ownership or management while retaining some involvement (21:57–22:54) [21:57] [22:27] [22:54]

Practical client examples and advice

  • Practitioner anecdote: client from western county wanting to gift several million to her daughter and being unaware of reporting/lifetime exemption effects; counsel required to explain consequences (09:09–09:37) [09:09] [09:37]

  • Attorneys should inventory estates, calculate aggregated values, and discuss lifetime gifting versus saving exemption for death-time use (01:15–03:29) [01:15] [01:45] [03:29]

  • Even clients who believe they are far below $15M should review their holdings since combined assets (insurance, retirement, real property) may produce surprising totals (24:40–19:36) [24:40] [18:12] [19:36]

Estate tax vs. long-term care: shifting primary risk

  • While estate tax is less of a concern for many due to higher exemption, the major current threat to family wealth is long-term care costs (24:40–26:28) [24:40] [25:08] [25:33] [26:00]

  • Medicare does not cover long-term custodial care; it covers short-term post-hospital rehabilitation only. Prolonged institutional care becomes self-pay and can rapidly deplete assets (26:28–27:39) [26:28] [26:55] [27:39]

  • Typical long-term care costs (example ranges cited $10,000–$14,000/month) can exhaust savings and threaten family homes and business assets over multi-year stays (27:39–28:05) [27:39] [28:05]

  • Planning options include asset protection and elder-law strategies to preserve resources and protect family property from spend-down (28:33–29:00) [28:33] [29:00]

Call to action and contact information

  • Listeners encouraged to review their estate inventories and contact Harvell & Collins for planning appointments; contact number provided: 252-726-9050 and website harvellandcollins.com (00:00–00:25) [00:00] [00:25]

  • Hosts emphasized that 2026’s higher thresholds present new planning opportunities and the importance of acting now to address both gifting and long-term care planning (04:05–04:30) [04:05] [29:00]

Closing remarks

  • Summary reiteration of key takeaways: exemption rose to $15M, annual gift exclusion now $19,000, charitable gifts unlimited for estate exclusion, estate valuation must include all asset types, and long-term care costs are an urgent planning priority (04:30–07:46) [04:30] [06:49] [14:12] [18:12] [26:28]

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Let's Talk Legal: Estate Tax in 2026
Wesley A. Collins Martindale AV Rated
About the Author
Wesley A. Collins is AV Martindale-Hubbell Peer Review Rated. Wesley A. Collins is a native of Kinston, North Carolina and was admitted to the North Carolina State Bar in 2000. Mr. Collins was admitted to the United States District Court for the Eastern District of North Carolina in 2002. Mr. Collins is also a member of the Million Dollar Advocates Forum. Read More

Cecil S. Harvell Martindale AV Rated
Cecil S. Harvell is AV Martindale-Hubbell Peer Review Rated in the areas of Trusts and Estates, General Practice, and Aged and Aging. Mr. Harvell is a native of Morehead City, North Carolina and was admitted to the Georgia State Bar in 1983 and admitted to the North Carolina State Bar in 1987. Inducted to The Order of the Long Leaf Pine. Read More
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