Justia Lawyer Rating for Jose Noriega
Superlawyer Badges
AV Preeminent Badge
AVVO Rating 10.0 - Top Attorney Criminal Defense
AVVO Rating 10.0 - Top Attorney Personal Injury
AVVO Top Contributor - Criminal Defense
AVVO Clients' Choice - Car Accidents
AVVO Top Contributor - Family
AVVO Clients' Choice - Criminal Defense

Estate Taxes in Forney, Texas: What You Need to Know

Planning for your loved ones after your passing is a solemn duty. However, alongside the emotional considerations, one must also consider the legal and financial implications of estate taxes. In the Forney, Texas area, the laws surrounding estate taxes are somewhat unique. This guide will cover everything you need to know about estate taxes in Forney, Texas.

Understanding Estate Taxes

Before delving into the specifics of estate taxes in Forney, Texas, it's essential to understand what they are and how they work.

Estate taxes are a complex and often misunderstood aspect of financial planning. They are levies imposed on the value of an individual's estate upon their death. This value includes all the assets and property owned at the time of the individual's passing, including money held in bank accounts, investment portfolios, real estate, and other assets.

While estate taxes are a federal tax, each state has its own set of guidelines when it comes to taxation. Additionally, the federal government may also impose a levy on a person's estate's value.

Definition of Estate Taxes

As previously mentioned, estate taxes are levies imposed on the value of an individual's estate upon their death. The tax is calculated based on the total value of the estate, including all assets and property owned at the time of the individual's passing.

It's important to note that not all estates are subject to estate taxes. In fact, the vast majority of estates are not subject to federal estate taxes. Currently, the federal estate tax only applies to estates with a value of $11.7 million or more.

Federal vs. State Estate Taxes

While the concept of estate taxes is reasonably consistent across the United States, each state has its own set of guidelines when it comes to taxation. Some states have their own estate tax, while others do not.

In Texas, there is no state estate tax. However, it's important to note that Texas is one of the few states that still has an inheritance tax. An inheritance tax is a tax on the beneficiaries of an estate, rather than the estate itself.

How Estate Taxes Work

The executor of an estate or a designated personal representative is responsible for filing an estate tax return with the IRS and any applicable state agency. The executor will need to appraise the value of the estate's assets and calculate the tax due based on the current tax laws and rates. The tax must be paid before any assets are distributed to beneficiaries. The estate tax can also affect the amount that one's heirs will receive.

It's important to note that there are various estate planning strategies that can be used to minimize estate taxes. These strategies may include gifting assets during one's lifetime, establishing trusts, and utilizing life insurance policies. Working with a qualified estate planning attorney can help ensure that your estate is structured in a way that minimizes tax liability and maximizes the amount of assets that are passed on to your heirs.

Texas Estate Tax Laws

While some states impose their own estate taxes in addition to the federal tax, Texas is not one of those states. Here's a deeper look at the state's estate taxes.

No State Estate Tax in Texas

Despite federal estate taxes, Texas does not levy an additional tax on an individual's estate. This means that estates in Forney and elsewhere in Texas are not taxed beyond what the federal government imposes.

Inheritance Tax vs. Estate Tax

Unlike estate taxes, an inheritance tax, if applicable, is paid by the beneficiaries of an estate. However, Texas does not have an inheritance tax. Therefore, the only tax implication for heirs in Texas is the federal estate tax.

Texas Probate Process

When an individual passes away in Texas, their assets have to go through the probate process. Probate is a legal process that verifies a will's validity, identifies and appraises the property of the deceased, and settles any outstanding debts or taxes before distributing the remaining assets to the beneficiary or beneficiaries.

Federal Estate Tax Exemptions and Rates

The federal government levies an estate tax on the estate of any individual that has a taxable estate value greater than the current exemption amount. Understanding these exemptions and rates is crucial to estate planning in Forney and the United States as a whole.

Estate Tax Exemption Amounts

For 2021, the estate tax exemption amount for an individual is $11.7 million, and for married couples, it is $23.4 million. This means that individuals with estates valued below this threshold will not be subject to the federal estate tax.

Estate Tax Rates

For estates valued above the exemption limit, the tax rate can reach up to 40%. The actual tax rate depends on the estate's cumulative value, with higher percentages levied on higher-value estates.

Portability of Estate Tax Exemption

A surviving spouse can inherit any remaining estate tax exemptions of their deceased partner. This means that if a couple's estate is valued at less than the exemption amount at the first passing, the surviving spouse may inherit the unused portion of the exemption to carry forward for their own estate tax exemption.

Estate Tax Planning Strategies

Estate tax planning allows individuals to minimize or eliminate estate tax deductions and exemptions. Here are some estate planning strategies that can assist in reducing your taxable estate.

Gifting Assets During Your Lifetime

One way to reduce the value of your estate is to gift assets during your lifetime, reducing the size of your taxable estate. Gifting to individuals of up to $15,000 annually and to charities are popular estate planning tools.

Creating Trusts

Trusts are instruments that allow individuals to transfer assets to a trustee, who is responsible for managing and distributing them according to specific instructions. Trusts can offer significant tax benefits, such as reducing estate tax, income tax, and capital gains tax, among others.

Charitable Donations

Charitable donations can significantly lower an estate's tax burden, reducing the size of the taxable estate while benefitting a cause or organization of your choosing. Charitable donations can reduce an estate's value in multiple ways.

Life Insurance Policies

Life insurance policies can provide estates with a tax-free source of funds to cover estate tax bills. Life insurance proceeds are generally not subject to federal estate tax in most cases. Individuals that desire flexibility in their estate planning may opt for life insurance policies that offer death benefits and cash values.


Understanding estate taxes is a critical aspect of estate planning. While estates in Forney, Texas, are not taxed by the state, they may still incur federal estate taxes. Minimizing an estate's taxable value by employing estate planning strategies, such as gifting, trusts, charitable donations, or life insurance policies, among others, is crucial to preserving the financial legacy for loved ones.

Client Reviews
Guest and Gray law firm is wonderful. I have had the chance to work with three of the lawyers and they all have been wonderful. They will tell you when you need a lawyer and when you don't. They actually try to save you money. They respond very fast to questions and try to help you understand what is going on. They are caring and are really judgment free. If I needed a lawyer again I would use this firm in a second and recommend them. K.K.
I used Guest and Gray to deal with my ex wife's accusations of child neglect.I dealt with Robert Guest and Tracy Gray. Both were excellent attorneys and surpassed every expectation I had in fighting the false accusations. We Won ! M.B.
I used Guest & Gray for a child custody case and they were great. I was really nervous about the case but they took care of everything and answered all my questions. I would recommend their services to anyone. J.R.
I can highly recommend Guest and Gray. I have worked on a number of cases with Robert Guest and and Scott Gray and find it amazing how MOTIVATED they are to do everything they can for their clients, not to mention that there superior knowledge, etc. In criminal cases supportive relatives always want to know "what can I do" to help. Hire Guest and Gray. C.S.