Palm Beach Florida Marital Deduction Trust - Trust A and Bypass Trust B

State:
Florida
County:
Palm Beach
Control #:
FL-01002DR-BG
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An AB trust is a trust created by a married couple to avoid probate and minimize federal estate tax. An AB trust is created by each spouse placing property into a trust and naming someone other than his or her spouse as the final beneficiary of that trust. Upon the death of the first spouse, the surviving spouse does not own the assets in that spouse's trust outright, but has a limited power over the assets in accordance with the terms of the trust. Such powers may include the right to receive interest or income earned by the trust, to use the trust property during his or her lifetime, e.g. to live in a house, and/or to use the trust principal for his or her health, education, or support. Upon the death of the second spouse, the trust passes to the final beneficiary of the trust. For estate tax purposes, the trust is included in the first, but not the second, spouse's estate and therefore, avoids double taxation.


A Palm Beach Florida Marital Deduction Trust, also commonly known as a Marital Trust, is an estate planning tool that allows married couples to take advantage of the marital deduction rule to reduce their estate tax liability. This trust is specifically designed to ensure that the surviving spouse has sufficient income and support during their lifetime while also preserving the couple's estate for the benefit of their heirs or beneficiaries. Trust A, also referred to as the Marital Trust or "A" Trust, is created upon the death of the first spouse. The assets transferred to Trust A are exempt from federal estate taxes due to the unlimited marital deduction. The surviving spouse becomes the primary beneficiary of Trust A and can receive income generated from the trust assets. The surviving spouse is also given the authority to make distributions from Trust A if needed for their health, education, maintenance, or support. Bypass Trust B, also known as the Credit Shelter Trust, Family Trust, or "B" Trust, is created at the same time as Trust A. The purpose of Trust B is to maximize the couples' federal estate tax exemption by utilizing the deceased spouse's unused exemption, commonly referred to as portability or the Deceased Spousal Unused Exclusion Amount (DUE). Assets up to the estate tax exemption amount go into Trust B, bypassing the surviving spouse's estate and reducing potential estate taxes upon the death of the surviving spouse. By creating a Palm Beach Florida Marital Deduction Trust with Trust A and Bypass Trust B, married couples can ensure the preservation of their assets while minimizing estate tax obligations. This planning strategy is especially valuable for high net worth individuals who want to pass on their wealth to their family and loved ones. It should be noted that the types or names of Marital Deduction Trusts may vary depending on the specific estate planning goals, the state's laws, and individual circumstances. It is essential to consult an experienced estate planning attorney in Palm Beach, Florida, to understand the options available and tailor a plan that best suits your needs.

A Palm Beach Florida Marital Deduction Trust, also commonly known as a Marital Trust, is an estate planning tool that allows married couples to take advantage of the marital deduction rule to reduce their estate tax liability. This trust is specifically designed to ensure that the surviving spouse has sufficient income and support during their lifetime while also preserving the couple's estate for the benefit of their heirs or beneficiaries. Trust A, also referred to as the Marital Trust or "A" Trust, is created upon the death of the first spouse. The assets transferred to Trust A are exempt from federal estate taxes due to the unlimited marital deduction. The surviving spouse becomes the primary beneficiary of Trust A and can receive income generated from the trust assets. The surviving spouse is also given the authority to make distributions from Trust A if needed for their health, education, maintenance, or support. Bypass Trust B, also known as the Credit Shelter Trust, Family Trust, or "B" Trust, is created at the same time as Trust A. The purpose of Trust B is to maximize the couples' federal estate tax exemption by utilizing the deceased spouse's unused exemption, commonly referred to as portability or the Deceased Spousal Unused Exclusion Amount (DUE). Assets up to the estate tax exemption amount go into Trust B, bypassing the surviving spouse's estate and reducing potential estate taxes upon the death of the surviving spouse. By creating a Palm Beach Florida Marital Deduction Trust with Trust A and Bypass Trust B, married couples can ensure the preservation of their assets while minimizing estate tax obligations. This planning strategy is especially valuable for high net worth individuals who want to pass on their wealth to their family and loved ones. It should be noted that the types or names of Marital Deduction Trusts may vary depending on the specific estate planning goals, the state's laws, and individual circumstances. It is essential to consult an experienced estate planning attorney in Palm Beach, Florida, to understand the options available and tailor a plan that best suits your needs.

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HOMESTEAD AND SECOND MARRIAGES The Florida Constitution and Statutes give a surviving spouse rights to the decedent's homestead that overrule the terms of the decedent's will or trust.

Once the surviving spouse dies, the assets in the Bypass Trust go to the ultimate beneficiaries (which are usually the children of the first spouse to die). A Survivor's Trust, on the other hand, is often revocable. The Survivor's Trust is the surviving spouse's share of the estate.

In the United States, a bypass trust is an irrevocable trust into which the settlor deposits assets and which is designed to pay trust income and principal to the settlor's spouse for the duration of the spouse's life.

Usually, the deceased spouse's portion of the couple's property, at least up to the applicable exclusion amount ($11.7 million), is put into trust B (the bypass trust). This trust is irrevocable and will pass to the beneficiaries other than the surviving spouse (usually their children).

A bypass trust, or AB trust, is a legal arrangement that allows married couples to avoid estate tax on certain assets when one spouse passes away. When one spouse dies, the estate's assets are split into two separate trusts.

Bypass trust is also called a credit shelter trust since it shields assets up to the estate tax exemption amount. The bypass trust works in conjunction with a marital trust that holds a surviving spouse's assets. The estate tax exemption is $12.06 million in 2022.

With a marital trust, the surviving spouse generally is able to access the income, as well as the principal balance. However, the principal in a bypass trust can be used for expenses of the surviving spouse, such as health and support, but is not generally accessible to the surviving spouse.

A major disadvantage of a bypass trust is the loss of the second income tax basis step up at the death of the surviving spouse for the assets in the bypass trust. When someone dies, the capital basis of the person's assets, with certain exceptions, is adjusted to the fair market value at the person's date of death.

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The creditors have up to 2 years from the decedent's death to file claims against the estate. Items 14 - 24 — Installment Sales to Grantor Trusts and Spousal Grantor Trusts .Unused exemption amount out of the surviving spouse's federal taxable estate. Often the surviving spouse was named as a beneficiary of the bypass trust. Of the Florida Bar Wills, Trusts and Estates Certification Committee. Based in the Allentown area, business and corporate law attorneys at Wiener and Wiener LLP (610-821-8600) serve clients in Pennsylvania and Florida. Mark R. Parthemer, Managing Director and Senior Fiduciary Counsel, Southeast Region,. Unused exemption amount out of the surviving spouse's federal taxable estate. Often the surviving spouse was named as a beneficiary of the bypass trust. Protecting the interests of non-spousal beneficiaries.

As indicated in Item 7 the non-spousal beneficiaries must file a claim to the state. As with other exemptions, the beneficiary should file a W-2 with his or her employer. What Can I Do if I Don't Get My Exemption? If you don't get your exemption, you can request a waiver or reduction of your exemption. However, the waiver will be denied in some cases for: Criminal records. Debts to which you owe more than 50,000. Debts to which you owe more than 250,000. Debts secured against real estate by the United States. Failing to file a report on your business income. Refusal to provide personal information to the IRS. Refusal to pay the Social Security Administration. Not meeting the gross income or estate thresholds. Unfailing a payment for a gift. Fraud. The IRS has said it will grant a waiver if you submit evidence that you used up all your exemptions within a reasonable time.

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Palm Beach Florida Marital Deduction Trust - Trust A and Bypass Trust B