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Texas Probate

Your IDGT Guide: How to Strategically Use IDGTs Before 2026

Your IDGT Guide: How to Strategically Use IDGTs Before 2026 | Estate Planning Lawyer in Austin, TX

Discover How IDGTs Are Helping Some Folks Prepare for Changing Estate Tax Exemptions

Intentionally defective grantor trusts (IDGTs) can be highly effective in preserving, maximizing, and transferring certain assets — especially if you set an IDGT up before Jan. 1, 2026. That’s when lifetime estate tax exemptions could drop drastically, taking millions in available exclusions off the table if federal laws don’t change before Dec. 31, 2025.  

With the clock counting down and limited time to take action, there may be no better time than right now to consider an intentionally defective grantor trust. 

To help with that, check out these IDGT FAQs, with concise answers from top estate planning lawyers in Austin, TX:

Estate Tax Exemptions Set to Drop by 50% in 2026: Are You Ready?

Estate Tax Exemptions to Drop by 50% in 2026: Are You Ready? | Austin Estate Planning Attorney

Many More People Will Owe Estate Taxes Upon Death Without Appropriate Planning

Your estate plan may not be as buttoned up or airtight as you think. In fact, it could be vulnerable to greater estate tax liabilities than you thought IF you planned around certain exemptions that are set to expire in 2026. 

Those sunsetting laws will drastically change federal estate tax exemptions if no new legislation is passed between now and Jan. 1, 2026. 

Is your estate plan ready for these changes? 

Do you need to devise or revise an estate plan now in anticipation of the expiring estate tax exemptions?

Let’s start answering those questions by looking at:   

Community v. Separate Property in Texas Probate & Estate Planning

Community v Separate Property in Texas Probate

When a Spouse Dies in TX, Here’s What Happens to Community v. Separate Property

Widows and widowers in Texas don’t necessarily inherit everything when their spouse passes away. In fact, surviving spouses may — or may not — be legally entitled to various assets, depending on the nature of the community versus separate property, whether the deceased spouse left behind a valid will, and other factors. 

While that can raise some complex and challenging issues in and outside of Texas probate, it doesn’t have to be confusing, especially for those who understand the following:

 

3 Ways to Force Estate Distributions in Texas

3 Ways to Force Estate Distributions in Texas - Austin Probate Attorney

When It’s Time to Force a Distribution from an Estate in TX, Here’s What You Need to Do

Probate and inheritance can raise thorny issues, especially when assets enter the picture and interested parties disagree on the next steps. In fact, although probate is the process of validating the will and distributing the assets of the estate, those involved in the process can have some very earnest and imperative reasons to seek partial distributions from an estate before the process is over. 

Here’s why, with a closer look at: