The documents are only half of it. Titling is the other half.
Beneficiary designations and account titling override a will. Most estate plans fail on that detail, not on the drafting.
A signed estate plan sitting in a drawer while the IRA still names an ex-spouse is not an estate plan. The transfer of assets is controlled by how each account is titled and who is named on it. That is the part that never gets reviewed.
federal estate and gift basic exclusion amount per person, 20251
per-person exclusion beginning in 2026 under the 2025 federal tax law, indexed thereafter2
of U.S. adults reported having a will in Gallup's 2021 polling3
Federal estate tax affects few households. Estate planning affects all of them.
For 2025 the federal basic exclusion amount was $13,990,000 per person.1 Under the federal tax legislation enacted in 2025, the exclusion is $15,000,000 per person beginning in 2026, indexed for inflation thereafter, replacing the scheduled reduction that had been set for the end of 2025.2
North Carolina imposes no state estate tax or inheritance tax; the state estate tax was repealed and does not apply to decedents dying on or after January 1, 2013.4 If you own property in another state, that state’s rules may still apply.
So for most households this is not a tax exercise. It is a control exercise: who decides, who receives, when they receive it, and how much friction the process creates for the people left behind. Gallup polling has put the share of U.S. adults with a will at roughly 46%.3
Where estate plans actually break
In review after review, the same handful of failures appear:
- Stale beneficiary designations. Retirement accounts, annuities and life insurance pass by contract. The designation beats the will, every time.
- An unfunded trust. A revocable trust that was drafted but never had assets retitled into it does very little of what it was drafted to do.
- No contingent beneficiary. When the primary predeceases and no contingent is named, the asset frequently lands in the estate and back into probate.
- Missed portability. A surviving spouse can generally carry over the deceased spouse’s unused exclusion, but only if an estate tax return is filed to make the election, even when no tax is owed.
- Nothing for incapacity. Most families need the financial power of attorney, the healthcare power of attorney and the advance directive long before they need the will.
Inherited retirement accounts changed
Under the SECURE Act, most non-spouse beneficiaries who inherit a retirement account must fully distribute it within ten years, rather than stretching distributions over their own life expectancy. For a child in peak earning years, that can concentrate a decade of taxable income into a period when their bracket is at its highest.
This changes what a “fair” split looks like. Leaving the traditional IRA to one child and the Roth or taxable account to another is not an equal bequest, and which asset a charity should receive is now an easier question to answer well.
Gifting while you are alive
The annual gift tax exclusion was $19,000 per recipient for 2025, and payments made directly to a medical provider or educational institution are generally excluded entirely regardless of amount.5 For families with the capacity, lifetime gifting moves both the asset and its future growth out of the estate while letting you see the result.
How we work with your attorney
We do not draft documents and we do not give legal advice. What we do is produce the balance sheet your attorney needs: every account, how each is titled, who is named on each, and what each is worth. Then we implement the retitling and designation changes once the documents are signed, and re-verify them at review meetings. If you do not have an attorney, we will help you find one.
The estate plan is the plan’s final instruction set. It has to agree with the beneficiary designations, the insurance ownership, the business succession agreement and any special needs trust. Every one of those lives in a different discipline. Reconciling them is the work.
- IRS Revenue Procedure 2024-40: 2025 inflation-adjusted figures, including the $13,990,000 basic exclusion amount for estates of decedents dying in 2025. View source ↗
- IRS, Estate Tax. Federal tax legislation enacted in 2025 sets the basic exclusion amount at $15,000,000 per person beginning in 2026, indexed for inflation. Confirm the current-year figure before acting. View source ↗
- Gallup: polling on the share of U.S. adults who report having a will (2021). View source ↗
- North Carolina repealed its state estate tax for decedents dying on or after January 1, 2013 (N.C. Sess. Law 2013-316); North Carolina imposes no inheritance tax. Confirm current North Carolina treatment with the N.C. Department of Revenue or your attorney. View source ↗
- IRS, Frequently Asked Questions on Gift Taxes; annual exclusion of $19,000 per recipient for 2025, and the exclusion for amounts paid directly for tuition or medical care under IRC §2503(e). View source ↗
Figures are as of the period stated by each source and are subject to change. Statistics describe populations and are presented for education only; they are not a projection of any individual result.
Other Side Asset Management does not provide legal or tax advice and does not draft legal documents. The information on this page is general and educational; tax law and benefit rules change, and their application depends entirely on your circumstances. Coordinate any decision described here with your attorney and CPA.
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