For Miami families whose estates may approach the federal estate tax threshold, lifetime gifting is one of the simplest tools available. Florida charges no gift tax and no state estate tax, so gifting strategy here is purely about the federal rules. This checklist breaks down the moves that tend to matter most for South Florida households.
Start With Annual Exclusion Gifts
You can give each recipient up to the federal annual exclusion amount every year without using any of your lifetime exemption or filing a gift tax return. A few practical points for Miami families:
- The exclusion is per recipient, so gifts to children, grandchildren, and in-laws add up quickly.
- A married couple can combine their exclusions and “split” gifts, effectively doubling what each child receives.
- These gifts permanently leave your taxable estate, along with any future growth on them.
Pay Tuition and Medical Bills Directly
One of the most underused strategies: payments made directly to a school or medical provider do not count as taxable gifts at all and are unlimited. For Miami grandparents helping with University of Miami tuition or a grandchild’s medical care, paying the institution directly (not reimbursing the family) keeps these transfers entirely outside the gift rules.
Give Away Appreciating Assets Early
South Florida real estate and growing businesses are prime candidates because gifting them now removes future appreciation from your estate. Consider:
- Gifting fractional interests in a Miami rental property over several years.
- Transferring shares of a family business while values are lower.
- Weighing the trade-off: gifted assets keep your original cost basis, so heirs may face more capital gains tax than if they inherited the asset and received a stepped-up basis.
Use Your Lifetime Exemption Strategically
Larger gifts beyond the annual exclusion draw down your lifetime gift and estate tax exemption. For families well above the threshold, making big gifts while the exemption is high can lock in current limits before any future reduction. This is a decision to make deliberately, with a federal gift tax return documenting it.
Consider Trusts as Gifting Vehicles
Gifts do not have to be outright. Florida revocable and irrevocable trusts (Chapter 736) let you give while keeping guardrails:
- An irrevocable trust can hold gifted assets for children who are not ready to manage money.
- An irrevocable life insurance trust can keep a policy’s death benefit out of your taxable estate.
- Trust gifting can be coordinated so it still qualifies for the annual exclusion.
Your Miami Gifting Checklist
- Map out annual exclusion gifts to each family member for the year.
- Pay any tuition or medical bills directly to the provider.
- Identify appreciating Miami assets worth gifting sooner rather than later.
- Weigh estate tax savings against loss of stepped-up basis.
- File a federal gift tax return for any gift above the annual exclusion.
- Keep your homestead and core retirement assets in mind before giving them away.
Talk to a Florida Attorney
Gifting is easy to do and hard to undo, and the basis trade-offs can outweigh the tax savings for some families. Before making large transfers, consult a licensed Florida estate planning attorney who can align your gifting plan with your overall Miami estate strategy.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles .