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Estate Planning During Tax Season: What Your CPA Won’t Do for You

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Picture of By: Shannon McNulty, Attorney, The Village Law Firm

By: Shannon McNulty, Attorney, The Village Law Firm

Shannon's work is sophisticated and reflects her deep knowledge of the laws governing estates, taxation and child guardianship issues. Shannon approaches each client with sensitivity and compassion, understanding that many of the decisions that they will have to make can be difficult.

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Tax season forces you to look closely at your financial life. That is exactly why estate planning during tax season is so important. As you gather 1099s, review investment statements, and finalize returns, hidden gaps in your estate plan often surface.

Here is the bottom line. A CPA helps you report what already happened. An estate planning attorney helps you structure what happens next. Both roles are essential, but they are not interchangeable.

This article is for New York professionals, business owners, and families who are already in tax mode and want to make sure their estate plan keeps pace with their financial reality. You will learn which estate planning issues commonly surface during tax season and when it makes sense to involve an estate attorney.


Why does tax season expose estate planning gaps?

When you prepare your taxes, you review income sources, account balances, asset sales, and transfers. That level of scrutiny naturally reveals inconsistencies.

Common issues that surface include:

  • Beneficiaries you have not checked in years
  • Large financial gifts that may have reporting consequences
  • Trusts that generated income but were not administered properly
  • Real estate sales or business changes that affect ownership structure

In many cases, clients are surprised. They thought their estate plan was settled. Tax season simply shines a light on areas that have been sitting quietly in the background.


Are your beneficiary designations aligned with your estate plan?

This is one of the most frequent discoveries during tax preparation.

As clients review retirement account statements and investment reports, they often realize they have not confirmed who is listed as beneficiary in years.

Beneficiary designation mistakes can include:

  • An ex-spouse still listed
  • A deceased individual named
  • Minor children listed outright
  • Percentages that no longer reflect current intentions

Because beneficiary designations generally control the disposition of those assets and often override the terms of your will, even one outdated form can undermine your entire plan.

If you have not reviewed them recently, it may help to use an estate plan review checklist to confirm these forms are consistent with your broader goals.


Have you made gifts that affect your long-term estate plan?

Tax season also reveals gifting activity.

Clients sometimes:

  • Transfer significant funds to children
  • Help with a home purchase
  • Contribute to a family business
  • Forgive informal loans

While generosity is admirable, large gifts can carry:

  • Federal reporting requirements
  • New York estate tax implications (including the potential inclusion of certain gifts made within three years of death)
  • Long-term impact on inheritance balance

A CPA can report gifts properly. An estate attorney helps you understand how those gifts fit into your broader multi-generational plan.


Is your trust being administered correctly?

If you have a trust, tax season is when administrative issues tend to appear.

For example:

  • Was a required fiduciary income tax return filed?
  • Were distributions handled according to the trust terms?
  • Is income being allocated properly between principal and beneficiaries?

Trusts are fiduciary arrangements that require ongoing compliance, not just initial drafting.

If something feels unclear, this is usually the point when collaboration between your CPA and estate attorney becomes critical.


When should you involve an estate attorney instead of only your CPA?

CPAs are essential. They manage compliance, reporting, and often advise on tax strategy. However, estate planning involves legal structuring that goes beyond filing returns.

You should involve an estate attorney when:

  • You are creating or modifying a trust
  • You are restructuring ownership of real estate or businesses
  • Your net worth is approaching New York’s estate tax threshold
  • You are coordinating multi-generational wealth transfers
  • You are serving as executor or trustee and need fiduciary guidance
  • You want to address guardianship or Medicaid planning

Think of it this way. A CPA helps you report last year. An estate attorney helps you shape the years ahead.

Estate planning during tax season is most effective when both professionals collaborate rather than operate in isolation.


How does New York’s estate tax make this conversation more urgent?

New York has its own estate tax with a lower exemption than the federal level. This means:

  • Estates that are not federally taxable may still face New York estate tax
  • Strategic gifting and trust planning can significantly affect tax exposure
  • Asset titling decisions matter more than many clients realize

A real estate sale or business valuation discovered during tax preparation may push someone closer to the state threshold than expected.

This is often the moment when proactive planning can reduce future tax burdens rather than simply reporting them after the fact.


What structural decisions should not be made based on tax advice alone?

Tax efficiency is important, but it should not be the sole driver guiding major decisions.

For example:

  • Changing ownership of property without considering asset protection
  • Naming beneficiaries for tax reasons without addressing guardianship concerns
  • Distributing trust income in ways that conflict with long-term family goals

Estate planning requires legal drafting and strategic foresight. It balances taxes, control, protection, and family dynamics.

At The Village Law Firm, estate planning is designed to integrate with tax strategy while keeping the broader legal framework intact.


Why tax season is the perfect time to update your estate plan

You are already reviewing:

  • Income sources
  • Account balances
  • Investment performance
  • Asset sales
  • Gifting activity

Adding an estate planning review at the same time ensures that:

  • Beneficiary designations match your intentions
  • Trusts are funded and administered properly
  • Asset ownership aligns with your long-term plan
  • Structural changes are intentional, not accidental

Estate planning during tax season is less about urgency and more about alignment. When financial data is fresh, planning decisions are clearer.


Frequently asked questions

Can my CPA update my estate plan?
A CPA can advise on tax implications, but drafting or modifying legal documents such as wills and trusts must be performed by a licensed estate planning attorney.

Do I need an estate attorney if my estate is not large?
Even moderate estates can benefit from coordinated planning, especially in New York where state estate tax thresholds are lower than federal levels.

Should my CPA and estate attorney communicate directly?
Yes. Collaboration between professionals often produces the best outcomes and prevents conflicting strategies.


Ready to align your plan while your numbers are fresh?

If tax season has revealed changes in your financial life, it may be the right time to review your estate plan as well. Coordinating tax strategy with thoughtful estate planning now can protect your family and clarify your long-term goals before next year arrives. contact us to schedule a conversation.

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