Sandy Springs Estate Tax Planning Lawyer

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Sandy Springs residents have built some of the most valuable estates in the Atlanta metro area. Homes along Roswell Road, investment properties near the Perimeter Center business district, and family businesses passed down through generations represent real wealth that deserves real protection. Estate tax planning is how you make sure that wealth reaches your family instead of the IRS. At Slowik Estate Planning, located in Atlanta, Georgia, our team helps Sandy Springs families understand exactly what the law requires and how to use every legal tool available to protect what they’ve worked hard to build.

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Georgia Has No State Estate Tax, But Federal Rules Still Apply

One of the first things Sandy Springs residents want to know is whether Georgia will tax their estate. The answer is straightforward. Under O.C.G.A. § 48-12-1, on and after July 1, 2014, there shall be no estate taxes levied by the state and no estate tax returns shall be required by the state. That means Georgia is one of the most tax-friendly states in the country for estate planning purposes. Georgia has no inheritance tax either, though some people refer to estate tax as inheritance tax. The tax is paid by the estate, not by the person who inherits the assets.

So does that mean you have nothing to worry about? Not exactly. Federal estate tax is a separate matter entirely. The IRS taxes the right to transfer property at death, and that tax applies to Georgia residents just like everyone else. Your gross estate includes everything you own, from your home near Hammond Drive to your brokerage accounts, life insurance proceeds, business interests, and retirement assets. The fair market value of those assets on your date of death is what the IRS uses to calculate your taxable estate, not what you originally paid for them.

The good news is that the federal exemption is currently at a historic high. The One Big Beautiful Bill Act (OBBBA), signed into law on July 4, 2025, made permanent changes to federal estate, gift, and generation-skipping transfer taxes, and the unified estate and gift tax exemption is permanently increased to $15 million per individual ($30 million for married couples) beginning on January 1, 2026, with annual inflation adjustments thereafter. For most Sandy Springs families, this means federal estate tax is not an immediate concern. But for high-net-worth individuals, business owners, and those with significant real estate or investment portfolios, it absolutely still is. Working with an Atlanta estate planning lawyer at Slowik Estate Planning gives you a clear picture of where you stand and what steps to take.

What the 2026 Federal Estate Tax Exemption Means for Sandy Springs Residents

The $15 million per-person exemption is the highest it has ever been, and that creates real planning opportunities for Sandy Springs families right now. The increase in the basic exclusion amount to $15 million for 2026 is considered “permanent” because no automatic sunset or expiration date has been added, meaning the increased amount will not be decreased unless a future Congress and President enact and sign legislation to scale back or change it. That removes the panic-driven “use it or lose it” pressure many families felt before the OBBBA passed.

But permanent does not mean guaranteed forever. The permanence of the OBBBA provisions is only as secure as the political climate allows, and Congress retains the authority to amend or repeal tax laws, with future administrations potentially seeking to revisit the estate tax framework. Sandy Springs families with estates approaching or exceeding the exemption threshold should act now, while the window is open. Waiting is a strategy, but it is rarely the best one.

It is also worth knowing that the top marginal estate, gift, and GST tax rates remain at 40%. That is a significant number. If your estate exceeds the exemption by even $1 million, the IRS takes $400,000 of it. For a Sandy Springs homeowner with a $3 million property near the Chattahoochee River corridor, a business valued at $8 million, and investment accounts totaling $6 million, the math adds up quickly. Estate tax planning remains essential despite the higher exemption, because the 40% tax rate is significant and many individuals, especially business owners, real estate investors, and those with concentrated stock positions, may still face exposure. Connecting with a qualified estate tax planning lawyer at Slowik Estate Planning is the right first step.

Key Estate Tax Planning Strategies for Sandy Springs Families

There is no single strategy that works for every family. A couple with a $12 million estate near Abernathy Road has different needs than a single business owner with a $20 million company in the Perimeter Center area. That said, several core strategies apply across a wide range of situations, and understanding them helps you ask the right questions when you sit down with an attorney.

Annual gifting is one of the simplest tools available. You can give up to $19,000 per recipient per year in 2026 without using any of your lifetime exemption. For a couple with three adult children and six grandchildren, that is $171,000 per year removed from your taxable estate with no gift tax consequences. Over a decade, that adds up to over $1.7 million in tax-free transfers.

Irrevocable trusts offer more powerful results for larger estates. A Spousal Lifetime Access Trust, often called a SLAT, allows one spouse to transfer assets into an irrevocable trust for the benefit of the other. One spouse transfers assets into an irrevocable trust for the benefit of the other spouse, and because the beneficiary spouse can receive distributions from the trust, the couple retains indirect access to the wealth while the assets and their future appreciation are removed from the donor’s taxable estate. Grantor Retained Annuity Trusts (GRATs) and Charitable Remainder Trusts are other options worth exploring, depending on your goals around charitable giving and income needs.

The step-up in basis rule is another factor to weigh carefully. The step-up in basis at death remains intact, meaning heirs will continue to receive assets with a basis equal to their fair market value on the decedent’s date of death. This matters enormously for Sandy Springs families holding highly appreciated real estate or stock. Gifting those assets during your lifetime means your heirs inherit your original cost basis, which could trigger large capital gains taxes when they sell. Holding the assets until death, on the other hand, resets the basis entirely. A good estate tax plan accounts for both the estate tax side and the income tax side of the equation.

Trusts Are the Foundation of Estate Tax Planning in Georgia

Trusts are not just for the ultra-wealthy. They are practical tools that serve a wide range of purposes for Sandy Springs families at many different wealth levels. A revocable living trust helps your family avoid the time and expense of probate in the Fulton County Probate Court. An irrevocable trust, by contrast, removes assets from your taxable estate entirely, which is where the estate tax planning power comes in.

For families with estates above the federal exemption, irrevocable trust planning is often the most direct path to reducing tax exposure. Assets placed in an irrevocable trust are no longer yours for federal estate tax purposes. That means the growth on those assets, whether it is a rental property near Sandy Springs City Hall or a stock portfolio, also stays outside your estate. Over time, the compounding effect of removing appreciating assets from your taxable estate can be substantial.

The Generation-Skipping Transfer (GST) tax exemption has also been adjusted to align with the new, higher thresholds under the OBBBA. For Sandy Springs families who want to pass wealth directly to grandchildren or into dynasty trusts, this is an important development. Raising the GST exemption in parallel empowers individuals to create multi-generational wealth plans, such as dynasty trusts, with greater confidence that these transfers will not be subject to additional federal transfer taxes. Working with a skilled trust attorney at Slowik Estate Planning helps you structure these arrangements correctly from the start.

Trust funding is also critical. A trust that is not properly funded is a trust that does not work. Georgia law under O.C.G.A. Title 53, Chapter 8 governs investments, sales, and conveyances within trust structures, and getting the titling and transfer of assets right matters. Many Sandy Springs families set up trusts and then fail to retitle their home, investment accounts, or business interests into the trust. That mistake can unravel years of careful planning.

Why Your Existing Estate Plan May Need a Review Right Now

If you already have an estate plan in place, the OBBBA is a strong reason to review it. Many plans were drafted when the exemption was much lower, and the formulas written into those documents may no longer work as intended. Formulas within existing trusts that reference the federal estate tax exemption might now allocate assets differently than intended due to the increased exemption amount. A trust designed to fund a credit shelter with the “applicable exclusion amount” could now pour far more assets into that trust than you ever planned, leaving your surviving spouse with less access than you intended.

Life changes also require plan updates. A divorce, a remarriage, the birth of grandchildren, a business sale, or a major inheritance all affect how your estate plan should be structured. Sandy Springs is a community where life moves fast, and estate plans that were perfect five years ago may be completely out of step with your current situation. If you own vacation property in the North Georgia mountains or out-of-state real estate, those assets add another layer of planning that your existing documents may not address properly.

The IRS uses Form 706 to calculate the federal estate tax, and it captures everything, including cash, securities, real estate, insurance, trusts, annuities, and business interests. If your total gross estate, including adjusted taxable gifts made during your lifetime, exceeds the filing threshold, your estate must file that return. A review of your current plan with Slowik Estate Planning will tell you exactly where you stand and whether your existing documents still reflect your wishes under current law. Do not wait for a triggering event to find out your plan has gaps. Call our Atlanta, Georgia office today to schedule a consultation.

FAQs About Sandy Springs Estate Tax Planning

Does Georgia have its own estate tax that I need to worry about?

No. Under O.C.G.A. § 48-12-1, Georgia eliminated its state estate tax effective July 1, 2014. There is no state estate tax and no state estate tax return required for Georgia residents who pass away today. Georgia also has no inheritance tax. The only estate tax that applies to Sandy Springs residents is the federal estate tax, which is governed by the IRS and the Internal Revenue Code.

What is the federal estate tax exemption in 2026?

The federal estate and gift tax exemption is $15 million per individual in 2026, or $30 million for married couples. This increase was made permanent by the One Big Beautiful Bill Act (OBBBA), signed into law on July 4, 2025. The exemption is indexed for inflation going forward, so it will increase gradually each year. Estates below the exemption threshold owe no federal estate tax. Amounts above the threshold are taxed at a top rate of 40%.

I have an estate plan already. Do I still need to update it after the OBBBA?

Yes, a review is strongly recommended. Plans drafted before 2026 often contain formulas tied to the “applicable exclusion amount,” and those formulas can now produce unintended results given the much higher $15 million exemption. Trusts may over-fund or under-fund. Beneficiary designations may be outdated. Any significant change in tax law, family circumstances, or asset values is a good reason to sit down with an estate planning attorney and make sure your documents still work the way you intended.

What is the step-up in basis and why does it matter for my estate plan?

The step-up in basis is a federal income tax rule that resets the cost basis of inherited assets to their fair market value on the date of the owner’s death. If you bought a Sandy Springs home for $300,000 and it is worth $1.2 million when you die, your heirs inherit it with a $1.2 million basis. If they sell it immediately, they owe no capital gains tax. This rule is still in place under current law and it plays a major role in deciding whether to gift assets during your lifetime or hold them until death.

How does a trust help with estate tax planning in Sandy Springs?

A properly structured irrevocable trust removes assets from your taxable estate. Once assets are transferred into an irrevocable trust, they are no longer counted as part of your estate for federal estate tax purposes. That includes any future growth on those assets. For Sandy Springs families with estates above the federal exemption, irrevocable trusts such as SLATs, GRATs, or dynasty trusts can significantly reduce or eliminate estate tax exposure. A revocable living trust, by contrast, does not reduce estate taxes but does help your family avoid probate in Fulton County Probate Court.

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