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Estate & Legacy

Estate Planning Checkup for New Retirees

Retirement is a natural time to refresh documents, beneficiary forms, and gifting plans, especially with the $15M federal exemption set for 2026.

Estate Planning Checkup for New Retirees

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Why revisit your estate plan when you retire?

  • Retirement often changes what you own, such as rolled-over 401(k)s, and who you would trust to act for you.
  • Documents drafted during working years may name trustees, agents, or guardians who no longer fit.
  • With a $15 million per-person federal exemption in 2026, many families now focus more on control, incapacity, and income taxes than estate tax.

Full Guide

Why revisit your estate plan when you retire?

  • Retirement often changes what you own, such as rolled-over 401(k)s, and who you would trust to act for you.
  • Documents drafted during working years may name trustees, agents, or guardians who no longer fit.
  • With a $15 million per-person federal exemption in 2026, many families now focus more on control, incapacity, and income taxes than estate tax.

Which documents deserve a fresh look?

  • A durable financial power of attorney and an advance healthcare directive, including a HIPAA release.
  • A revocable trust, plus confirmation that accounts and real estate are actually titled in its name.
  • Named successor trustees and executors, considering their age, location, and willingness to serve.
  • Beneficiary forms on IRAs, 401(k)s, annuities, and life insurance, which override what your will says.

How will your retirement accounts pass to heirs?

  • Most non-spouse beneficiaries must empty an inherited IRA within 10 years of the owner's death.
  • If the owner died after their required beginning date, those beneficiaries generally also take annual RMDs in years one through nine.
  • A surviving spouse can usually treat the IRA as their own, which offers more flexibility.
  • Roth conversions in lower-income early-retirement years can shift taxes away from heirs, but mean paying tax sooner.

Do you still need to think about estate tax?

  • The 2026 exemption is $15 million per person ($30 million per couple) and is now indexed rather than scheduled to sunset.
  • A surviving spouse keeps unused exemption only if a timely Form 706 portability election is filed, even when no tax is owed.
  • Larger estates may use annual gifts ($19,000 per recipient in 2026), GRATs, or SLATs; a GRAT transfers only growth above the Section 7520 rate.
  • Valuation discounts for family partnership interests need a qualified appraisal and draw IRS scrutiny.
  • California has no estate or inheritance tax, and community property can receive a full basis step-up at the first spouse's death.

Which charitable tools fit retirement?

  • From age 70½, qualified charitable distributions can send up to $111,000 (2026) directly from an IRA to charity.
  • QCDs count toward RMDs and are excluded from income, so the new 0.5%-of-AGI charitable floor does not reduce them.
  • Donor-advised funds let you deduct in one year and grant over many, though QCDs cannot fund them.
  • Charitable remainder trusts and private foundations add income or control, at higher cost and complexity.

Key takeaways

  • Update documents and beneficiary forms at retirement, then review every few years or after major life events.
  • For most households, income-tax planning for heirs now matters as much as estate tax.
  • Irrevocable strategies are hard to undo; changes may require court action or consent depending on state law.
  • Work with an estate attorney and CPA; Rubric does not draft documents or give legal advice.