New Year, New Plan: Why Your 2026 Goals Start with a Strong Estate Plan

As the calendar turns to a new year, you are likely setting resolutions for financial health, personal growth, and professional success in 2026. However, as an estate planning attorney serving Sarasota and the surrounding area, I encourage you to add a crucial, proactive legal goal to that list: reviewing and strengthening your estate plan.

Most people view estate planning as a one-time transaction. In reality, it is a dynamic process that must evolve with your life, your assets, and the ever-changing legal and financial landscape. An outdated plan can turn your well-intentioned legacy into a costly legal burden for your loved ones. The start of the new year offers the perfect, clean slate for initiating this vital legal wellness check.

1. Addressing Real Estate Appreciation and Growth

The value of real estate, particularly in desirable areas like Sarasota and the surrounding region, continues to climb. This appreciation is a blessing, but it can also create estate planning challenges, especially concerning tax exposure and equal distribution.

Why Your Real Estate Needs a 2026 Review:

Tax Efficiency: If your estate’s overall value has significantly increased due to real estate appreciation, it may bring you closer to or over the federal estate tax exemption limit (though this limit is currently high, it is subject to change). Strategic planning now, such as using trusts or implementing annual gifting, can help minimize future tax liabilities.
Property Transfers: Have you purchased new investment properties or relocated in the last year? That new real estate must be correctly incorporated into your existing Will or Trust to avoid unexpected and costly probate proceedings in multiple jurisdictions.
The Inheritance Balance: If one heir is set to receive a highly appreciated home and another is receiving cash, you must review the current market values to ensure the distribution remains fair and reflects your intent.

2. Reviewing Trust Funding and Property Titling

A common issue I encounter is the unfunded trust. A beautifully drafted Revocable Living Trust is simply an empty document unless your assets, particularly your real estate, are legally titled in the name of the Trust.

Your resolution for 2026 should be to audit your property titles and confirm alignment with your estate plan.

Key Funding Checkpoints:

New Acquisitions: Did you buy a new piece of property, open a new bank account, or acquire a new brokerage account in 2025? If so, these assets are likely titled in your individual name and will not avoid probate unless they are formally retitled into the name of your Living Trust.
Refinancing: When refinancing a mortgage in 2025, banks often require the property to be temporarily taken out of the Trust. Did you remember to deed the property back into the Trust once the refinancing was complete? If not, the home is exposed to probate.
Beneficiary Designations: Check all life insurance policies, IRAs, and 401(k)s. These assets pass by contract, overriding your Will or Trust. Ensure the beneficiaries on file are current and accurate for 2026.

You can find more detail on proper trust management on our Estate Planning Services page.

3. Your 2026 Legal Wellness Resolutions

Think of your estate plan as a dynamic map that guides your family through uncertainty. Here are three simple resolutions for the new year to ensure your map is up-to-date:

Resolution Goal	Action Item	Why It Matters for 2026
Document Clarity	Review your Designation of Health Care Surrogate and Power of Attorney documents.	Ensure your appointed agents (e.g., your spouse, child, or trusted friend) are still the people you want making medical or financial decisions for you if you become incapacitated.
Guardian & Successor Check	Confirm the designated Successor Trustee (if using a Trust) and the named Pre-Need Guardian for any minor children.	Life changes. The person you named five years ago may have moved, become ill, or no longer be the best fit for this critical role.
Accessibility Audit	Ensure your named agents know where the original legal documents (Will, Trust, etc.) are physically located and how to access them quickly if needed.	The best plan is useless if the required documents cannot be found in a crisis.

As a solo practitioner, Bart Scovill, PLC is committed to providing personalized, thorough estate planning advice, helping you achieve true legal security in 2026 and beyond.

Start the new year prepared, book your estate planning strategy session.

This blog post is for general informational purposes only and does not constitute legal advice. Reading this article or contacting our office does not create an attorney-client relationship. Every legal situation is unique; you should consult with a qualified attorney regarding your individual circumstances. Nothing in this article should be considered tax advice. Our office does not provide tax advice, and you should consult with a qualified tax professional before taking any action that may have tax consequences.