Skip to main content

How an Irrevocable Trust Can Get a Step-up in Basis

Book a Consultation
img-hero-green

Last Updated: Aug 24, 2026

Read Time: 4 mins

You often hear estate planning and wealth management discussed as if they are separate. Attorneys draft documents, and financial professionals manage assets.

In practice, those disciplines rarely come together in a coordinated way. That disconnect is one of the most common reasons family wealth is not preserved or maximized over time.

When structure and strategy are not aligned, opportunities are missed and outcomes fall short of what the plan was designed to achieve.

Lets get into it.

Estate planning and wealth management must operate as a single system.
Estate planning defines structure, while wealth management governs how assets grow and are deployed. When those functions are separated, decisions are made without a shared framework.

That fragmentation leads to inefficiencies. The legal structure may be sound, but the assets are not managed in a way that supports it.

When the two are integrated, planning becomes intentional. Decisions around growth, transfer, and control are made within the same system rather than in isolation.

Tax outcomes, not nominal returns, determine long-term wealth.
Investment performance matters, but taxes ultimately determine what is retained and transferred. The timing of when assets are sold or transferred can be as important as how they perform.

That is where tax basis becomes critical. Gains are measured relative to basis, and that calculation directly affects what is owed when assets are sold.

Over long periods of time, tax treatment can outweigh differences in return. Structure determines how those outcomes are realized.

The step-up in basis is one of the most important wealth-preserving tools.
At death, many assets receive a step-up in basis to their fair market value. That adjustment can eliminate or significantly reduce built-in capital gains.

For appreciated assets such as businesses, real estate, and concentrated positions, this creates a meaningful shift in after-tax value.

Despite its impact, this feature is often underutilized. Planning decisions that ignore basis can reduce the effectiveness of an otherwise strong strategy.

Traditional trust planning often sacrifices basis to achieve control and protection.
Irrevocable trusts provide asset protection, privacy, and governance, but they are typically funded through completed gifts.

Once a gift is complete, the asset is removed from the taxable estate and retains its original basis. That means the opportunity for a step-up is lost.

This creates a perceived tradeoff. Families often believe they must choose between governance and tax efficiency, when in reality the issue is how the structure is designed.

Incomplete gift planning aligns governance with basis preservation.
A gift is only complete when certain rights are fully relinquished. By retaining limited powers, transfers can remain incomplete for tax purposes while still achieving asset protection and control.

In that structure, assets can be held in an irrevocable trust while still being included in the grantor’s estate. That inclusion preserves eligibility for a step-up in basis.

The result is a more coordinated outcome. Protection, privacy, and governance are achieved without forfeiting one of the most valuable tax advantages available.

Durable wealth planning integrates structure, tax strategy, and governance.
Incomplete gift planning is not a single tactic. It is part of a broader system that aligns how assets are held, managed, and transferred over time.

When coordinated properly, gains can be deferred, losses can be managed, and appreciation can still benefit from a step-up at the appropriate time.

At the same time, the trust structure supports family governance, allowing wealth to be treated as an enterprise rather than a series of isolated decisions.

When these elements work together, the outcome is not just preservation, but durability. Wealth compounds more effectively and remains aligned with the family’s long-term intent.

The Stuart Green Law Approach

A Modern Approach to Family Wealth

Stuart Green Law combines modern South Dakota trust law with integrated estate planning, wealth management, and fiduciary services for families throughout the United States and internationally. The firm’s approach is built around selecting the strongest legal framework available, maintaining continuity of planning judgment, and bringing every part of the family’s wealth strategy into alignment with its long-term objectives.

Client Testimonials

Posted on Google Google
Angélique Pfab Green profile picture
Angélique Pfab Green
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Stuart Green is incredibly knowledgeable and clearly operates at a very high level. His approach to estate planning and wealth strategy is thoughtful, modern, and well beyond the traditional. You can tell he genuinely cares about helping people protect what they’ve built. Truly impressive work and reputation.
Posted on Google Google
Maria Cardenas Anderson profile picture
Maria Cardenas Anderson
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had an excellent experience working with Stuart Green on my trust and will documents. From start to finish, he was incredibly responsive, patient, and thorough. He took the time to explain everything clearly, ensuring I fully understood each step of the process. Even after the trust was complete, he guided me on what still needed to be done — something I really appreciated. Stuart’s professionalism and kind demeanor made what could have been an overwhelming experience so much easier. I felt informed and supported every step of the way. I would highly recommend him to anyone looking for a knowledgeable and attentive probate lawyer. Thank you, Stuart!
Posted on Google Google
katelyn rennie profile picture
katelyn rennie
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Stuart is outstanding! We have been so impressed with his knowledge.
Posted on Google Google
Chris Stinson profile picture
Chris Stinson
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Stuart Green is an exceptional estate attorney. He handled my father's living will and then his estate after his passing, as well as helping my mother finalize and complete her estate in conjunction with my father's death. Currently, he is handling the living will and estate planning for me and my wife and our family. I highly recommend him and his integrity of work.
Posted on Google Google
Alejandra profile picture
Alejandra
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
My experience with Stuart Green Law was a 10/10. They were professional and efficient, resolving my case quickly. I highly recommend them!
Posted on Google Google
Joseph Marchetti profile picture
Joseph Marchetti
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Great guy - honest businessman. Has been very helpful for me in providing feedback and input from a law perspective on employment and legal agreements in my personal and professional life. Would heartily recommend Stuart to others!
Posted on Google Google
Will Desrochers profile picture
Will Desrochers
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I have worked with Mr. Green for awhile now and can't recommend him highly enough. He is professional and and timely with his responses to my questions. I really appreciate how he helps me understand the plan for my estate. I look forward to continuing to work with him.
Posted on Google Google
Chuma profile picture
Chuma
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I’ve learned a great deal from Stuart on the foundational aspects of estate planning, legacy planning and asset protection. Having had the privilege to work alongside Stuart, I can also say that he is a top tier counselor and focused on aligning his client’s personal goals with their long term objectives and wishes.
Posted on Google Google
Nick Delsignore profile picture
Nick Delsignore
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Incredible person to know and be associated with. Stuart provides excellent services, that is undeniable. However you will be hard pressed to find another attorney with a truer moral compass.
View All

Perspectives on Modern Estate Planning

Modern estate planning continues to evolve alongside trust law, tax strategy, wealth management, and family governance. Our articles explore the ideas shaping sophisticated estate planning, providing thoughtful analysis of the legal structures and planning philosophies that preserve wealth across generations.

Start the Conversation

Whether you’re evaluating an existing estate plan or exploring sophisticated planning strategies for the first time, we’d welcome the opportunity to discuss your family’s long-term objectives.

Contact Us