📅 2026 Update: Changes in Trust and Estate Law

Since the original article was published, several important changes have occurred in trust and estate law. These changes affect various aspects of estate planning, including tax exemptions and probate processes. The original discussion on trusts and related topics continues further down this page.

📜 Federal Estate Tax Changes

In 2025, the federal estate and gift tax exemption increased to $15,000,000 per individual. This increase came from the One, Big, Beautiful Bill Act. This higher exemption allows individuals to pass more assets to their heirs without incurring federal taxes.

🏛️ Maryland Inheritance Tax Repeal

Maryland made significant changes with the repeal of the inheritance tax exemption for personal property from a nonresident decedent in 2026. This alteration was enacted through House Bill 17, impacting how inheritances are taxed and changing the financial responsibilities for both estates and beneficiaries.

🌐 California Uniform Directed Trust Act

Starting January 1, 2024, California adopted the Uniform Directed Trust Act. This act, codified at Probate Code Sections 1633 through 1636, clarifies how directed trusts operate. It provides better guidelines for trustees and beneficiaries regarding their responsibilities and rights under these trusts.

📅 Maryland Probate Venue Changes

With the enactment of House Bill 17, Maryland also revised the criteria for determining the venue for probate of decedents not domiciled in the state. This change affects where probate proceedings can be held, which may influence the management and administration of estates.

📌 Key Points Summary

  • 🔹 Federal estate tax exemption raised to $15,000,000 per individual.
  • 🔹 Maryland repealed the inheritance tax exemption for nonresidents' property.
  • 🔹 California's Uniform Directed Trust Act took effect in 2024.
  • 🔹 Changes in Maryland probate venue criteria may affect estate proceedings.

💡 Tips for Managing Trusts and Estates

Reviewing the details of your situation with an attorney can help ensure you make the best choices for your estate planning.

📝 Understand the Federal Tax Changes

Stay informed about the new federal estate tax exemption. Knowing the current limit can help you plan your estate effectively and minimize taxes for your heirs.

⚖️ Consider Maryland's Inheritance Tax Changes

If you are in Maryland, be aware of the repeal of the inheritance tax exemption for personal property from nonresident decedents. This could affect how you manage and distribute assets.

📚 Learn About California's Trust Laws

If you are in California, familiarize yourself with the Uniform Directed Trust Act. This law can impact how trusts are structured, especially if a trustee has been directed to manage the trust differently than standard practices.

📍 Check Probate Venue Criteria

If you are dealing with probate in Maryland, the new venue criteria may change where you file for administration. Understanding these requirements can streamline the probate process.

🔍 Monitor Changes in Trustee Compensation

In Florida, be aware that trustee compensation must be reasonable and can be reviewed by the court if contested. Make sure to maintain transparency and document all compensation decisions.

🏆 Services Ranked by User Reviews (2026)

This section highlights services related to estate planning, will writing, and trust creation. These services have been evaluated based on Trustpilot ratings as of October 2026, which reflect user experiences. Ratings can change over time, and reviews may vary based on customer satisfaction and specific experiences.

🥇 1. Trust & Will

Trust & Will has been rated 4.5 out of 5. This service is known for its estate planning services and attorney-approved documents. However, some users report experiencing technical issues during the process.

🥈 2. USLegalWills.com

USLegalWills.com holds a 4.5 rating. It is recognized for its will writing services and comprehensive estate planning documents. Some users mention that the process can be time-consuming, which may affect ease of use.

🥉 3. Quicken Willmaker

Quicken Willmaker averages 4.5 stars. This software is known for its comprehensive estate planning documents. Some reviewers find editing documents to be challenging, which could complicate the planning process.

🆓 Free IRS Estate Tax Resources

The Internal Revenue Service offers various resources and forms related to estate taxes. This includes Form 706 for estate tax returns. These free resources can help individuals navigate their obligations without incurring additional costs.

🔎 Comparing Estate Planning Services

  • 🔍 Look for user ratings and review counts to gauge overall satisfaction.
  • 🔍 Check for ease of use and any reported technical issues.
  • 🔍 Consider the types of documents offered and their legal validity.
  • 🔍 Review the support options available if you encounter problems.

❓ Frequently Asked Questions

❓ What is the current federal estate tax exemption?

The current federal estate tax exemption is $15,000,000 per individual, effective since 2025.

🏛️ How has Maryland's inheritance tax changed?

In 2026, Maryland repealed the exemption for the inheritance tax on personal property from nonresident decedents.

📜 What is the Uniform Directed Trust Act?

This act, effective January 1, 2024, establishes guidelines for directed trusts in California, clarifying the roles of trustees and beneficiaries.

⏳ How do probate venue criteria affect my estate?

The updated criteria in Maryland may change where probate is filed for individuals not domiciled there, influencing the administration process.

💰 What are the rules for trustee compensation in Florida?

Florida law requires that trustee compensation be reasonable and subject to court review if there are objections from beneficiaries.

🗂️ Where can I find free resources for estate taxes?

The IRS provides free resources and forms, including Form 706 for estate tax returns, to assist individuals in managing their estate obligations.

⚖️ Recent Cases in Trust and Estate Law

Recent court rulings have influenced trust and estate law, impacting how estates are managed and disputes are settled. These rulings often set precedents that can affect future cases and practices.

You can explore more recent rulings in the news section by visiting more rulings on the news page.

End of October 2026 Update






Trusts are used to set up a manner in which money or property will be distributed as a gift in life, or after the benefactor is deceased. Trusts are usually set up for family members, but they can be set up for any individual and even for an entity, such as a charity.


Trust Defined

 


A settlor, or benefactor is the individual that sets up a trust and the beneficiary receives the monies from the trust as dictated by the settlor. The trustee is the person that is in charge of trusts and that person may be a legal professional or a family member. The trustee holds the property in order to benefit the beneficiary, according to the benefactors instructions.

 

A living trust is a trust that is set up while the benefactor is still alive. Although the trust may not be dispersed until after the benefactor passes away, it is still considered s salving trust. The trust may have restrictions as to how it will be administered, such as certain amount distributed at certain times. The money may have to be used for education or distributed at a certain age.

 

Trusts may also be set up after the benefactor passes away. The money, taken from the estate, is used to set up a trust fund. This trust fund may include immediate disbursements, or it may have the same restrictions as a living trust. For example, the beneficiary may begin to collect the money after they graduate college or reach a certain age.