December 11, 2025
Four Estate-Planning Moves to Protect You in 2026
Dear Subscriber,
Editor’s note: You spend your life building your nest egg.
Yet, 72% of people say they haven’t yet outlined where they want those assets to go.
Even if you want to make your wealth transfer while you’re able to see recipients enjoy your gift in real time …
It can pay to put those plans into place much sooner.
Not just for peace of mind.
But because it gives you MORE options to ensure your legacy grows, long before it goes to your heirs.
That’s why we’ve invited David Phillips to write a brand-new monthly column.
David’s been an investment expert as long as Weiss Ratings has been in business (over 53 years!).
David, along with his son Todd, helps investors build, protect and distribute wealth across generations.
So, generational wealth truly is their family business.
Before the holiday travel and parties take over your calendar, David wants to make sure you’re aware of an important year-end deadline that EVERYONE can take advantage of.
Here’s David with why making this move by Dec. 31 can save you money … and can serve as an important first step in guarding AND growing your estate.
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| By David Phillips |
Most investors are taking a hard look at their portfolios right now.
That’s a wise move here with lower interest rates, market volatility and stubborn inflation.
Far fewer, however, have taken the same hard look at something even more important: their estate plans.
Or, in many cases, the lack of one.
What Is an Estate Plan?
Your estate plan is your generational wealth roadmap.
You outline your medical, financial and other wishes.
Done right, your wishes are legally enforceable.
Yet, after more than 83 combined years of working with families, we’ve seen the same pattern repeat itself.
People work a lifetime to build wealth. But they wait to take the relatively simple steps needed to make sure their wealth:
- Gets distributed the way they intend.
- And isn’t eroded by taxes, fees, market losses or long-term care costs.
Sadly, 72% of today’s American affluent do not have an up-to-date, logical plan to distribute wealth from one generation to the next.
That’s why the Weiss Ratings team asked me to share my expertise with you here in Weiss Ratings Daily.
To help you avoid the most common estate planning mistakes we see investors make …
To highlight practical, easy-to-understand ways to correct them …
And to dispel some myths about estate planning. Like the misconception that you need to be a certain age or have a certain amount of assets to manage.
To be clear …
Estate Planning Is NOT Just for the Ultra-wealthy
Many investors still think estate planning is only about the federal estate tax. And, therefore, only relevant to people worth tens of millions of dollars.
In reality, every family — regardless of net worth — must deal with questions like:
- Who receives which assets?
- When will they receive them?
- Who will manage things if I’m incapacitated?
- Who will help me if I need long-term medical attention?
- How will my heirs handle the tax consequences?
Those questions will be answered one way or another.
Either you answer them with a coherent plan …
Or state law, probate courts and the IRS answer them for you.
Which option would YOU prefer?
Here’s the thing …
One of the most dangerous assumptions we hear is, “Congress raised the exemption, so I don’t have to worry about this anymore.”
Indeed, the federal estate tax exclusion is the highest it has ever been, at $15 million per person.
Still, tax laws change. Families change. Markets change.
A will or trust drafted even five years ago may be badly out of date.
Procrastination is never a neutral decision — it simply locks in whatever default outcome the system creates for your family.
Let’s make sure that control stays firmly with you.
The 10 Mistakes We’ll Tackle Together
Beginning in January, each column will focus on one of the 10 most common — and costly — estate planning mistakes we see.
Among them:
- Having no plan at all, or an outdated, poorly drafted one.
- Assuming today’s tax laws mean you can postpone planning.
- Leaving everything outright to a spouse and missing the added protection and flexibility that a well-crafted dynasty trust can provide.
- Paying more than necessary in income or capital gains taxes.
- Failing to use IRS-approved gifting strategies that can move wealth efficiently and tax-favorably.
- Overlooking the financial risk of a long-term medical care event.
- Mishandling retirement accounts and required minimum distributions.
- Lacking liquidity to pay taxes, debts and estate settlement expenses.
- Exposing your heirs to unnecessary market risk late in life.
- Misusing jointly titled property in ways that create avoidable conflicts or tax consequences.
Each month, we’ll unpack one mistake, examine why it matters and explore strategies that can help you sidestep it.
What You Can Do Now
For December, you don’t need to master every trust or tax rule.
Instead, here are three simple steps that will put you far ahead of most households:
1. Take inventory.
Create a concise list of your major assets — investment accounts, retirement plans, real estate, businesses and life insurance.
Note how each is titled and who the beneficiaries are.
Many planning gaps begin with mismatched titling or out-of-date beneficiary designations.
2. Find your documents.
Locate your current will, any trust documents, your powers of attorney and healthcare directives.
Note when they were last updated.
If it has been more than five years — or if you’ve experienced major life changes — your documents likely need review.
3. Ask one clarifying question:
“If I died last night, is there complete clarity about who gets what, when and how?”
If the answer is anything other than “yes,” there is planning work to do.
These steps don’t require professional expertise. They simply help you understand where you stand today — something many investors haven’t reviewed in years.
Looking Ahead
My goal isn’t to turn you into an estate planning attorney or a tax expert.
Rather, it’s to give you a framework and a set of questions that help you take control of your planning conversations.
When you understand the issues, you can drive the process instead of being driven by it.
You can create harmony or chaos. It is your choice.
You’ve spent decades building your assets. With a bit of focused attention, you can ensure those assets accomplish what you intend — for your spouse, your children, your grandchildren and the causes you care about.
The one mistake I hope you avoid most of all is the easiest one to make: waiting.
Estate planning is an act of care and clarity.
There will never be a perfect time to start, but there is a very real cost to postponing it.
Use December to get organized.
Beginning in January, we’ll walk through the 10 most common mistakes one by one — and show how turning them into strengths that can protect your family and your legacy.
Live Well, Leave a Legacy!
David Phillips
CEO, Estate Planning Specialists — 480-899-1102
P.S. There’s a fourth estate-planning move you can make. But you have to do it before New Year’s Eve …
Important Deadline:
If you intend to give your $19,000 annual gift allowance to anyone, (children, grandchildren, friends), you MUST make the gift prior to Dec. 31, 2025.
If you don’t, you will lose the opportunity to transfer $19,000 in assets or cash this year, gift and estate tax free to the recipient.
Furthermore, if you intend to give to a charity, whether it is a traditional 501c3 charity or a Donor Advised Fund, the donation MUST be made before Dec. 31, 2025.
There is still time to create and make a gift to your own Family Foundation.
To find out more, call our office at 1.888.892.1102.
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