Matthew Erskine is managing partner for Worcester law firm Erskine & Erskine.
Updated: September 8, 2025
Know How
Optimizing estate plans under Trump’s megabill
By Matthew Erskine
In the changeable landscape of estate planning, family business owners face unique challenges. The changes introduced by the One Big Beautiful Bill Act necessitate a thorough review and adjustment of estate plans. There is a guide for family businesses owners to ensure compliance and optimize tax outcomes.
Marital deduction maximization. Family business owners should prioritize maximizing the marital deduction under federal and Massachusetts estate tax laws. This involves ensuring testamentary trusts are structured properly to qualify for the marital deduction, avoiding provisions inadvertently reducing effectiveness. The new Unified Credit for federal estate taxes is now set at $15 million, whereas the Massachusetts credit remains $2 million, so the optimal amount to fund the marital deduction will be as much as $13 million more than the optimal amount to fund the federal marital deduction.
Generation-Skipping Transfer (GST) tax strategy. The GST tax can significantly impact family business succession. Business owners should examine the allocation of GST tax exemptions to minimize transfer taxes for future generations. Creating subtrusts or utilizing powers of appointment can be effective.
Trust reformation for intent alignment. If a trust instrument does not reflect a business owner’s intent due to drafting errors or tax law changes, reformation might be necessary. Aligning the trust with the owner’s goals can optimize tax outcomes and ensure compliance with marital deduction requirements.
Tax apportionment clauses. Reviewing tax apportionment provisions in wills or trusts is crucial. Family business owners must ensure these clauses don’t unintentionally increase the tax burden, particularly on marital trusts, to preserve the primary intent of minimizing taxes.
Leveraging alternative valuation dates and disclaimers. These elements offer flexibility in reducing estate or income taxes, which is vital for family owners aiming to preserve wealth.
Charitable contributions and deductions. Ensuring property earmarked for charitable purposes qualifies for deductions is essential. Proper structuring can enhance the deductibility.
Beneficiary designations review. Aligning beneficiary designations with the overall estate plan is crucial. Business owners should ensure designations for life insurance policies and retirement accounts reflect the updated tax laws to safeguard their family’s financial future.
Prior taxable transfers consideration. Business owners should review prior taxable gifts or transfers to ensure they are accounted for in the estate plan. Utilizing applicable credits or deductions can impact the overall tax strategy.
Flexibility for future tax law changes. Including provisions allowing for adjustments in response to future tax law changes is crucial. Granting trustees or executors discretionary powers to adapt to new legal requirements ensures the estate plan remains relevant.
By following this checklist, family business owners in Massachusetts can systematically review and update their estate plans. This ensures compliance with the OBBB Act and Massachusetts-specific tax laws.
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