Even if you have no heirs, you should have an estate plan. Otherwise, the state will determine the fate of your worldly possessions. In fact, if you pass away “intestate” (without a will), the state can even keep all of your assets for itself – if no heirs are found.

The most basic tenet of no-heir estate planning is to write a will. Every state has different rules about what constitutes a legally enforceable will, so be sure to check out your state’s guidelines. If you move, you’ll need to update your will according to the state you live in when you pass away.

In your will, direct who receives which of your assets. There is no edict that says you must leave possessions to a relative. You can choose a friend, a group of people, or even one or more charitable organizations. You also should choose an executor of your will: someone you trust to carry out your wishes. This person can be an attorney or bank custodian of your assets. You should speak with whomever you choose to make sure they are willing to take on the role of executor. It is generally no small task and might entail distributing and even selling your possessions in order to make cash distributions to the beneficiaries.

If you have any pets, be sure to figure out during the planning process who is willing to take care of your animals after you pass or direct their care to a specific shelter.

Also, consider the beneficiaries you will designate for bank and investment accounts, as well as any insurance policies you own. Note that beneficiary designations you assign on these accounts will supersede your will instructions, even if they preceded when you wrote your will. For example, your employer might pay for a life insurance policy in your name that pays out proceeds equaling two to three times your salary. You might not even remember that you completed this paperwork years ago, naming your girl/boyfriend at the time as your beneficiary. If you don’t keep those designations up to date, you may end up leaving a substantial sum to a woman/man who broke your heart instead of the person who embraces it now.

It is also a good idea to name a “Transfer on Death” (TOD) designation on other types of accounts, such as your bank checking and savings accounts. This designation also supersedes will instructions and allows your money to be distributed once the beneficiary presents your death certificate and proper ID. It’s actually advisable to name the executor of your will as TOD, as he may need to access your funds quickly to pay for funeral and burial expenses. Other assets can take longer to distribute, so a TOD designation is a quicker way for your beneficiary to access cash.

Be aware that even if you have prepared a will, your estate will still be subject to probate, in which a judge makes the final determination of your assets. If you wish to avoid this step, you can fold all or a portion of your assets under one or more trusts, which will distribute them according to the trust directions and avoid probate altogether. A trust is particularly beneficial if you have a large estate or wish to leave a substantial donation to one or more charities.

Another estate planning consideration is what to do if, instead of dying, you become incapacitated and cannot make decisions for yourself. As part of the estate planning process, you should name a power of attorney to make financial decisions for you. This can be anyone – a friend or close neighbor or the person you name as executor of your will.

You should also establish a living will, advanced care directive, and/or healthcare proxy. A living will is a directive that states your wishes regarding medical care should you become incapacitated (e.g., permanently unconscious). An advanced care directive can be more specific, such as establishing a “do not resuscitate” (DNR) order if your breathing or heartbeat stops and if you would like to donate tissues or organs after you pass.

A healthcare proxy, which may be referred to as a medical or durable power of attorney, is the assignment of a person who will make all of your healthcare decisions when you no longer can. Note that with medical instructions as well, states have varying guidelines. It’s important to be familiar with your state’s requirements and update your medical care directives if you relocate to another state.

Although you might get busy with the holiday season, don’t forget to consider ways to strengthen tax efficiencies for 2023 and beyond.

2023 Retirement Contribution Increases

Set up your accounts to automatically defer money to meet the new increases in retirement contributions next year. In 2023, you can defer up to $22,500 in a 401(k), 403(b), most 457 plans and the government’s Thrift Savings Plan. Plan participants who are age 50 and older may defer up to $30,000 next year.

Furthermore, the combined 2023 limit for Traditional and Roth IRAs is $6,500, or $7,500 if you’re age 50 or older.

If you are a business owner with a solo 401(k) plan, you may make an additional employer contribution of up to 25 percent of compensation, for a combined maximum of no more than $66,000 in 2023. Note that self-employed individuals are subject to specific calculation rules.

Investment Tax Management

If you’re bullish that the New Year will outperform the dismal investment market returns of 2022, consider repositioning assets to reduce your tax liability. One way to take advantage of this year’s poor results is to convert assets from a Traditional IRA to a Roth. While you still have to pay taxes on any earnings to date, the tab should be lower than in a year of outperformance. Going forward, any gains made under the Roth will grow and be withdrawn free of taxes. This can help lower your tax bill during retirement. It’s a good idea to do a Roth conversion while still working in order to pay capital gains without having to use money from the account. Be aware that you don’t have to convert the entire IRA balance. Assets will be reported as 2022 income, so try to convert only up to your current tax bracket.

As a general rule, it’s a good idea to spread your investment portfolio across a variety of vehicles, including taxable (brokerage), tax-deferred (employer plan) and tax-free (Roth IRA) accounts. When you retire, you can better manage your tax bill based on which accounts you draw money from each year. Conventional guidance recommends withdrawing from taxable accounts first, giving your tax-advantaged accounts more time to grow. However, another option is to make proportionate withdrawals from both taxable and non-taxed accounts for a more stable tax impact each year – that way you won’t have a higher tax bill in the latter years of retirement.

Residential Property Sales

Higher housing prices may cause some home sellers to exceed the current tax exclusion amount:

• Exclude $250,000 from the sales profit if the seller is single or married filing separately
• Exclude $500,000 from the sales profit if the seller is married and filing jointly

If your sales profit is higher than these exclusions, that amount may be subject to capital gains taxes. However, if you make value-added improvements to the home, keep those receipts because you may be able to add certain expenses as well as closing costs to your cost-basis – which will help reduce your tax bill.

Charitable Giving

If you are required to take distributions (RMDs) from retirement plans but don’t need the money, consider redirecting that money to a qualified charity. This tactic enables you to redirect up to $100,000/year and avoid paying taxes on those distributions. Another way to donate and receive a substantial tax break is to gift stocks with long-term appreciation to the charity of your choice. This will allow you to receive a tax deduction without having to pay capital gains taxes by selling the stock first.

If you are on the cusp of exceeding the standard deduction for your 2022 return, consider making several years’ worth of charitable donations in one year in order to exceed it and be able to itemize your return. If you don’t know where you stand for this year, consider delaying charitable gifts until next year so you can bunch them on your 2023 return. Note that for charitable donations to qualify for a deduction, they must be completed by Dec. 31 of the tax filing year.

Estate Transfer Planning

The 2023 gift tax exclusion ($12.92 million per person; $25.84 million for married couples) is scheduled to return to $6 million in 2026. Therefore, ultra-high net-worth households should consider taking advantage of this window to transfer much of their net worth by the end of 2025. Also, you may gift up to $17,000 (2023) per year per person without those amounts counting toward the gift tax exclusion limit.