The Miami-Dade Florida Marital Deduction Trust, commonly known as Trust A, and Bypass Trust B are two essential components of estate planning in the Miami-Dade County area. These trusts are designed to maximize tax benefits and protect assets for married couples, ensuring a smooth transfer of wealth to future generations. Here is a detailed description of both trusts and the different types available: Miami-Dade Florida Marital Deduction Trust — Trust A: Trust A, also called the "Marital Deduction Trust," is a type of trust that allows a married couple to transfer ownership of assets to each other, while still benefiting from the marital deduction for estate tax purposes. This trust is formed under the provisions of the Internal Revenue Code (IRC) Section 2056(b)(7). By placing assets into Trust A, the surviving spouse can enjoy the income generated by the trust for their lifetime and maintain control over these assets. However, upon the surviving spouse's passing, any remaining assets in Trust A will be subject to estate taxes. Different types of Trust A in Miami-Dade Florida: 1. General Power of Appointment Trust: This Trust A variant grants the surviving spouse the power to designate how the assets will be distributed among the beneficiaries upon their passing. It provides flexibility and allows the surviving spouse to adapt to changing circumstances. 2. Qualified Terminable Interest Property (TIP) Trust: Under this Trust A variation, the surviving spouse has a guaranteed income interest for their lifetime, with the ability to decide who will inherit the remaining assets upon their death. This allows for greater control over the ultimate distribution of wealth. Miami-Dade Florida Bypass Trust — Trust B: Trust B, commonly known as the "Bypass Trust," is established alongside Trust A to maximize estate tax exemptions and shelter a portion of the married couple's assets from estate taxes. It is designed to hold assets up to the estate tax exemption limit, ensuring that these assets pass to future generations with minimal tax implications. While the income generated by Trust B may go to the surviving spouse, the principal remains untouched and eventually benefits the named beneficiaries upon their death. Different types of Trust B in Miami-Dade Florida: 1. Credit Shelter Trust: This Trust B variant aims to shelter the maximum amount of assets from estate taxes by taking full advantage of the estate tax exemptions of both spouses. Upon the death of the first spouse, the assets equal to the available exemption are transferred to Trust B, effectively bypassing estate taxes. 2. Irrevocable Life Insurance Trust (IIT): Often used in conjunction with Trust A and Trust B, an IIT allows the couple to hold life insurance policies outside their estate, preventing the inclusion of those assets in the taxable estate. The IIT ultimately provides liquidity to cover estate taxes upon the death of the second spouse. In conclusion, the Miami-Dade Florida Marital Deduction Trust — Trust A and Bypass Trust B are crucial estate planning tools for married couples in Miami-Dade County. Different variations of Trust A and Trust B exist to accommodate specific needs and objectives, allowing individuals to protect their wealth, minimize estate taxes, and ensure a smooth transfer of assets to their chosen beneficiaries. Seeking advice from a qualified estate planning attorney is highly recommended determining the most appropriate trust structures for individual circumstances.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.