Estate Planning in 2026: What You Should Consider
The start of a new year is the perfect time to revisit your estate plan, consider any legal changes that may affect how your plan is executed, and make any necessary modifications. Whether you want to update your will, create a new trust, or add new beneficiaries, talking to an estate planning attorney in California is your next step.
At Moga Law Firm, we understand how important it is that your estate plan reflects your final wishes and protects everything you’ve worked so hard to build. Attorney Scot Thomas Moga recognizes that this process can be confusing, which is why he’s committed to learning what matters to you and creating an estate plan that upholds your values. Set up a consultation with our estate planning law firm by calling 909-931-2444 now.
Updated Federal Estate Tax Thresholds in 2026
While California does not have an estate or inheritance tax, California residents may still be subject to the federal estate tax if the estate value is high enough. In 2026, the estates of decedents have a basic exclusion amount of $15 million. This is a significant increase from $13.99 million in 2025. As gift-giving often goes hand-in-hand with estate planning later in life, note that the annual exclusion for gifts in 2026 is $19,000. If your estate exceeds the federal exclusion amount, your estate planning lawyer can help you understand how that may affect you and your beneficiaries.
Core Estate Planning Documents
There are certain documents that most estate plans have. Discussing your goals with your estate planning attorney makes it easier to see exactly how these documents fit into your overall needs:
- Revocable living trust: When you have a revocable living trust, the trust takes ownership of assets. However, you maintain control of them until you pass away, at which point a new trustee steps in to distribute assets.
- Last will and testament: A last will and testament is used to outline how assets not in your will are to be distributed. It also names a preferred guardian for your minor children.
- Durable power of attorney: This document authorizes a trusted individual to manage your finances if you become incapacitated and are no longer able to do so.
- Advance health care directive: You may know how far you want medical professionals to go to save your life—a health care directive documents those wishes and names a trusted individual who can make decisions on your behalf when you cannot do so.
- HIPAA authorization: Filling these forms out ahead of time ensures that trusted family members can access your medical information if you are unable to give verbal consent.
Funding a Trust and Avoiding Probate
Creating a trust but failing to properly fund it still forces your loved ones to go through probate to gain access to the assets you’ve willed to them. Assets must be retitled into the trust for it to fulfill its function. Meet up with your estate planning lawyer regularly to ensure that all new assets have been properly transferred to your trust.
Planning for Incapacity
Estate planning isn’t just about what happens after you pass away. It’s also about planning for what would happen if you were to become incapacitated. Serious illness, unexpected injuries, or cognitive decline can all happen unexpectedly, leaving you unable to advocate for yourself. Having planning documents in place can ensure that your wishes are protected and respected.
Situations Requiring Extra Attention
Every estate plan needs to be customized for the individual in question, but certain situations require more careful handling. Blended families, people who own multiple businesses, families with foreign assets, and families with significant real estate holdings may all need to take extra steps to ensure that their assets are properly handled after their passing. Property laws and intestate succession laws can complicate these matters, which is why it’s so important to work with an attorney with extensive experience in this area.
Contact an Estate Planning Attorney in the Inland Empire
Whether you need to update your estate plan or start from zero, the team at Moga Law Firm is here to help. Call our estate planning law firm at 909-931-2444 or reach out online to set up a time to talk now.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
