Death and taxes, as they say. And sometimes both at once. The federal estate tax is one of the most politically contentious and most misunderstood parts of the American tax code. Most people will never owe a dollar of it. But for those who might, the potential bills run into millions — which is exactly why estate planning conversations happen years, even decades, before they're actually needed.
State Estate Taxes Add Another Layer
Federal estate tax is only part of the story. Twelve states and the District of Columbia have their own estate taxes — with exemptions often far lower than the federal threshold. Massachusetts and Oregon, for example, have estate tax exemptions of just $1 million. A $2 million estate that owes zero federal estate tax could owe $100,000 or more in Massachusetts estate tax.
Washington state has the highest top estate tax rate among states at 20%, applying to the largest estates. Maryland has both an estate tax and an inheritance tax. The specific state rules depend on where the deceased was domiciled at death — not necessarily where they owned property, though some states try to tax out-of-state property too.
So even if you're well under the federal exemption, your state's rules are worth understanding. An estate attorney in your state can tell you exactly where the thresholds fall and what planning strategies apply locally.
When to Start Planning
The frustrating truth about estate planning is that the best strategies require time to work. Annual gifting needs years to meaningfully reduce a large estate. Trusts need to be established, funded, and operational. Life insurance needs to be in force. None of this happens in an emergency.
The right time to think about estate taxes is when you start accumulating serious wealth — well before the estate tax could actually apply. Because once someone passes away, the planning options essentially disappear. What remains is just math: calculating the tax, figuring out which assets get sold to pay it, and dealing with the aftermath of a situation that careful planning could have dramatically improved.
Run the estimate now. Know where you stand relative to the exemption. And if the number is closer than you'd like, that's exactly the information you need to have an informed conversation with an estate planning attorney.