Today, many Americans are understandably concerned with the legacy they will leave their loved ones when they pass away. For individuals who own businesses or have accumulated significant wealth, the estate or death tax can create a notable financial burden. As of 2025, the federal estate tax exemption has increased to $13.99 million per individual, which means estates valued below that amount are not subject to federal estate taxes.
However, residents of Long Island must also consider New York State estate tax, which operates independently from the federal system. In 2025, the New York estate tax exemption is $7.16 million. Unlike the federal exemption, New York does not offer portability for spouses. Additionally, it applies a “cliff” rule, meaning that if an estate exceeds the exemption by more than 5 percent, the full value of the estate may become subject to tax rather than only the amount over the exemption.
Estate tax laws and your available options to avoid them can vary based on your state of residence. To reduce any tax consequences you may have and to ensure that you are abiding by the law, it is important to consult with an experienced Long Island estate planning attorney. At Schlessel Law PLLC, our experienced attorneys can provide assistance with creating a comprehensive estate plan, establishing trusts, or exploring gifting strategies. We can help you manage estate tax laws effectively, protecting your assets and ensuring your loved ones benefit in the most tax-efficient way. Contact us today at (516) 574-9630 to schedule a consultation and take proactive steps towards securing your financial future.
What Is the Estate or Death Tax? How Is It Different From the Inheritance Tax?
The IRS defines estate tax as a tax on your right to transfer property at your death. The value of the tax depends on the total fair market value of your assets at the time of death, not necessarily how much was paid to acquire those assets. The estate itself is responsible for paying any taxes owed before assets are distributed to beneficiaries.
An inheritance tax is collected from the person who is inheriting the assets. The heir would have to pay a specified amount depending on the value of the assets they inherited. The inheritance tax differs from the estate tax in that the tax is collected after the estate has been divided amongst the heirs. An estate tax is calculated upon the collective value of the assets in the estate.
In New York, there is no inheritance tax, meaning heirs are not taxed on the assets they receive. However, New York does impose an estate tax on estates that exceed a certain value.
Estate Tax Laws in New York
Estate tax rates under New York law range from 3.06 percent to 16 percent, based on the value of the estate. For 2025, the New York estate tax exemption is $7.16 million. Estates valued above this threshold may be subject to the full tax rate, depending on their size. In comparison, federal estate tax rates range from 18 to 40 percent, with an exemption of $13.99 million per individual as of 2025.
New York’s estate tax system differs significantly from the federal system and those of many other states. One of the most distinctive aspects is the “estate tax cliff.”
The New York Estate Tax Cliff
Unlike the federal government and most states, which only tax the portion of an estate exceeding the exemption amount, New York imposes a tax on the entire estate if its value exceeds 105 percent of the exemption limit. In 2025, this threshold is $7,518,000 (105% of $7.16 million).
If an estate exceeds this threshold by even a small amount, the entire estate becomes subject to taxation, not just the portion above the exemption. This steep cutoff is commonly referred to as “falling off the cliff.” In some cases, this can result in a tax liability that exceeds the value of the estate above the exemption, making careful estate planning essential.
How Can You Avoid the Estate Tax?
Avoid the New York estate tax by keeping your estate below the exemption threshold of $7.16 million (as of 2025). Use strategies like gifting assets during your lifetime, setting up irrevocable trusts, and making charitable donations.
The prospect of paying taxes on your estate and potentially diminishing the value your heirs will receive is not exciting. Still, some strategies and options you can explore would allow you to reduce the amount of estate tax you will have to pay, or completely avoid paying the estate tax.
Gift Assets to Your Loved Ones
Gifting your assets is a good way to reduce the value of your estate to below the exemption threshold. In New York, you can gift up to $19,000 per individual annually. Any more than that and your gift would be subject to taxes. However, there is no limit to how many people you can gift assets to.
How Paying Medical and Education Expenses Can Reduce Estate Taxes
Paying medical and education expenses directly to providers is a strategic way to reduce estate taxes while supporting loved ones. Under federal law, specifically Section 2503(e) of the Internal Revenue Code, payments made directly to qualified medical or educational institutions are excluded from gift tax calculations. These payments also don’t count against the annual gift tax exclusion or the lifetime estate tax exemption, making them an effective tool for reducing taxable estates.
To qualify, tuition must be paid directly to an educational institution, such as a private school, university, or college. However, the exclusion applies only to tuition, not related expenses like books, room, board, or supplies. Similarly, direct payments to medical providers must cover qualifying medical expenses, which include costs for diagnosis, treatment, medical insurance, or long-term care. Cosmetic procedures generally do not qualify unless they address a birth defect or injury-related disfigurement.
This strategy can significantly reduce estate taxes by lowering the size of your taxable estate. For example, grandparents who pay their grandchildren’s school tuition directly to the school or cover a family member’s medical bills by paying the hospital can reduce their taxable estate without using their gift or estate tax exemptions. These direct payments allow wealth to be transferred outside of the taxable estate while benefiting loved ones in a meaningful way.
The key is making these payments directly to the institution or provider; giving the funds to the recipient to pay themselves disqualifies the exclusion. This approach offers a tax-efficient way to help loved ones while preserving more of your estate for future generations.
Donate to Charity
It’s possible to avoid estate taxes by donating assets to a charity. Charitable Lead Trusts (CLTs) and Charitable Remainder Trusts (CRTs) are two ways.
A CLT allows you to put assets into a trust, some of which would be donated to a tax-exempt charity. Through this, you can lower the value of your estate and also receive a tax break due to your charitable donation. After a predetermined time, or at the event of your passing, your beneficiaries can receive the rest of the assets left in the trust.
A CRT, on the other hand, is an irrevocable trust that can contain stocks or assets that appreciate in value. You can continue to collect the earnings from the assets in a CRT. When you pass away, any investment income goes to charity. This allows you to reduce your estate taxes while also receiving a tax deduction.
Create an Irrevocable Living Trust for Life Insurance
Including a life insurance policy as part of your estate plan is a good idea to ensure that your loved ones will not be in a difficult financial position when you pass away. However, life insurance proceeds become part of your taxable estate at the time of your death.
An irrevocable living trust can help you avoid taxes on your life insurance payout. Placing your life insurance into a trust ensures that any death benefits from the payout are not considered part of your estate. To be effective, the transfer must occur at least three years before death.
Set Up a Family Limited Partnership
A Family Limited Partnership, or an FLP, is a great way to protect your assets from creditors while still being able to manage your investments. An FLP is a kind of trust that allows you to pass assets to your ‘Limited Partners’. In an FLP, it is usually the parents who would serve as the General Partners. They would be the ones involved in managing the affairs of the trust and have unlimited liability when it comes to conducting the trust’s business.
The Limited Partners are typically the children or the would-be beneficiaries of the trust. They have limited liability in the FLP and do not have a stake in the management of the trust.
Assets are passed on through the transfer of partnership shares. Through this method, your ‘limited partners’ would be able to receive a tax break on gift taxes, income taxes, and estate taxes, provided the transfers are made below the state’s tax exemption threshold.
Establish a Qualified Personal Residence Trust
For most Americans, the largest part of their estate comes from real property, meaning assets like houses or land titles. Given that these kinds of assets are likely to appreciate in value, it’s likely to add a large amount to the size of your estate. Using a Qualified Personal Residence Trust (QPRT) allows you to transfer ownership of your home without having to worry about the estate tax.
This doesn’t mean you have to immediately give up ownership. Depending on the trust’s terms, you can continue living in your house but once the terms of the trust end, your beneficiaries can take over the property. With a QPRT, the market value of your real estate will be frozen and you can avoid paying the gift tax provided you don’t exceed the lifetime limit for taxable gifts.
5 Ways to Avoid Estate Taxes | Description |
---|---|
Gift assets to loved ones | Reduce the value of your estate by gifting assets to individuals. |
Donate to charity | Donate assets to a tax-exempt charity through Charitable Lead Trusts (CLTs) or Charitable Remainder Trusts (CRTs). |
Create an irrevocable living trust | Place a life insurance policy into an irrevocable living trust to exclude it from the taxable estate. |
Set up a Family Limited Partnership | Establish a Family Limited Partnership (FLP) to protect assets from creditors and manage investments, with limited liability for beneficiaries. |
Establish a Qualified Personal Residence Trust | Transfer ownership of a personal residence through a Qualified Personal Residence Trust (QPRT) to minimize estate tax implications. |
Avoiding Estate Tax with Trusts
The transferability of the New York estate tax exemption between spouses is not permitted, thus, it cannot be carried forward. To preserve this exemption amount, one option is to establish a trust equivalent to the estate tax exemption. Transferring assets to these trusts removes them from an individual’s estate, making them technically subject to estate tax. This guarantees that the remaining funds, along with any subsequent growth, will be exempt from further taxation upon the passing of the second spouse.
Credit shelter trusts, also known as AB trusts or bypass trusts, can be structured in various ways to provide flexibility to the grantor, surviving spouse, and family following the grantor’s death. For instance, a spousal lifetime access trust can be set up, allowing limited access to the funds by the grantor under specific circumstances during their lifetime. The ultimate objective is to prevent taxation of trust assets upon the deaths of both spouses, maximizing the transfer of wealth to other beneficiaries of the estate
Consulting with an experienced Long Island estate planning attorney can help you gain a comprehensive understanding of estate tax laws and explore available options to protect your assets and minimize tax consequences. At Schlessel Law PLLC, our attorneys are ready to assist in creating a personalized strategy tailored to your specific needs and goals, ensuring you feel assured and confident about your estate plan. Feel free to contact us without delay to arrange a consultation and take the first step towards securing peace of mind.

Use Alternate Valuation Date
When managing an estate, understanding how estate taxes are calculated is crucial. Typically, the value of the estate at the time of the owner’s death determines the amount of estate tax due. However, fluctuations in asset values after death may significantly affect the estate’s tax liabilities. To address this, executors have the option to use the “Alternate Valuation Date” (AVD).
Using the Alternate Valuation Date allows executors to assess the value of the estate six months after the date of death, rather than on the date of death itself. This can be particularly advantageous if the value of the estate’s assets has decreased during those six months, potentially leading to lower estate taxes.
This option is not automatic and must be explicitly elected by the executor of the estate. It’s important to consider that this alternative valuation applies to the entire estate and not to individual assets. Therefore, the decision to use the Alternate Valuation Date should be based on a comprehensive assessment of asset values and how they have changed post-death.
Considering the Alternate Valuation Date could result in significant tax savings for the estate, but it requires careful analysis and timing. Executors should weigh the potential benefits against the overall financial landscape of the estate. For those managing estates, especially larger ones where asset values can vary widely, consulting with an experienced estate planning attorney can be crucial in making this decision. Contact Schlessel Law PLLC to consult with a Long Island estate planning attorney to help manage financial obligations more effectively, facilitating a smoother transition for beneficiaries.
What Is the Best Option to Avoid the Estate Tax?
The easiest answer is: it depends. The best option to avoid the estate tax for one person might not necessarily apply to another. Mistakes can be costly when your estate is at stake. A well-structured financial strategy is essential in ensuring your assets pass on to your beneficiaries with the least amount of deductions possible.
A skilled Long Island estate planning attorney should be able to evaluate your financial situation and recommend the appropriate strategies to avoid estate taxes. Estate planning attorney Seth Schlessel has helped clients protect their estates and ensure that asset transfers go as smoothly as they can. At Schlessel Law PLLC, Seth Schlessel and our team of qualified estate planning and trusts attorneys understand what it takes to avoid unnecessary complications and disputes. We can help you establish trusts to minimize the tax implications asset transfers would cause on your total estate.
Contact us today at (516) 574-9630 to schedule a consultation with Long Island estate planning attorney Seth Schlessel.
from Schlessel Law https://www.schlessellaw.com/5-ways-to-avoid-estate-taxes/