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Are estate planning services tax deductible?

The simple answer is no, most estate planning services are not tax deductible. However, there is a bit more to it than that. Legal fees for estate planning can only be deducted if they are related to income-generating assets.

Are estate planning fees tax-deductible?

The Tax Cuts and Jobs Act ended itemized deductions tied to estate planning in 2018, while increasing tax breaks for estates. The law is set to expire in 2026.

What percentage of estate planning fees are deductible?

Commonly, about 40% to 60% of estate planning legal fees may be deductible, although the percentage varies for each individual case. We encourage you to discuss this with your attorney early on in the process. Keep in mind that the IRS has a 2% rule on miscellaneous deductions.

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