Los Angeles California Marital Deduction Trust - Trust A and Bypass Trust B

State:
Multi-State
County:
Los Angeles
Control #:
US-02510BG
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Word; 
PDF; 
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Description

An A-B trust is a revocable living trust which divides into two trusts upon the death of the first spouse. This type of trust makes use of both the estate tax exemption ($3.5 million per person in 2009) and the marital deduction to make it so that no estate taxes are due upon the death of the first spouse. The B Trust is also known as the Bypass trust and it contains the amount of that years applicable exclusion amount. The A trust is the marital deduction trust which will typically contain both the surviving spouse's separate property and one half community property interests but also the residue of the deceased spouse's estate after the estate tax exemption has been utilized by the B trust. The use of an A-B trust ensures that both spouse's applicable exclusion amounts are effectively used, thereby doubling the amount of property which can pass to heirs free of Federal Estate Taxes.

Los Angeles California Marital Deduction Trust: Trust A and Bypass Trust B In Los Angeles, California, the Marital Deduction Trust plays a significant role in estate planning for married couples. Made up of two distinct parts, Trust A and Bypass Trust B, this legal tool allows individuals to maximize their estate tax benefits and ensure the financial security of their surviving spouse. Trust A, also known as the Marital Trust, is designed to provide for the surviving spouse by transferring assets to them while still taking advantage of the unlimited marital deduction. This deduction allows the estate to pass from the deceased spouse to the surviving spouse without incurring estate tax. The surviving spouse becomes the beneficiary of Trust A and is entitled to its income and even some principal distributions during their lifetime. However, the trust assets are not included in the surviving spouse's estate, ultimately minimizing potential estate tax liabilities upon their passing. Bypass Trust B, also known as the Family Trust, Shelter Trust, or Credit Shelter Trust, complements Trust A by utilizing the deceased spouse's estate tax exemption. When the first spouse passes away, a portion of their assets, up to the estate tax exemption limit, is transferred to the Bypass Trust B rather than being directly inherited by the surviving spouse. Unlike Trust A, the Bypass Trust is irrevocable and cannot be modified after the first spouse's death. By allocating these assets, the estate can fully utilize the deceased spouse's estate tax exemption, effectively reducing potential estate taxes. Moreover, there are variations of the Marital Deduction Trust used in Los Angeles, California, depending on the specific needs and circumstances of the couple. These variations include Qualified Terminable Interest Property (TIP) trusts, which provide the surviving spouse with income from the trust while preserving the principal for the couple's heirs. TIP trusts are especially valuable in situations where the deceased spouse has children from a previous marriage or wants to ensure that property eventually passes to other chosen beneficiaries. Another variant is the Non-Qualified Marital Deduction Trust, used when couples have substantial assets that exceed the estate tax exemption amount. With this trust, assets exceeding the exemption amount are transferred directly to the surviving spouse, bypassing the Bypass Trust B. While the non-qualified approach can simplify the estate plan, it disregards the potential tax benefits associated with Bypass Trusts. In summary, the Los Angeles California Marital Deduction Trust encompasses Trust A and Bypass Trust B, both crucial components of estate planning for married individuals. Trust A ensures the financial well-being of the surviving spouse while minimizing estate tax liabilities, while Bypass Trust B optimizes the utilization of the estate tax exemption. With variants such as TIP trusts and Non-Qualified Marital Deduction Trusts, couples have the flexibility to tailor their estate plans according to their unique circumstances and goals.

Los Angeles California Marital Deduction Trust: Trust A and Bypass Trust B In Los Angeles, California, the Marital Deduction Trust plays a significant role in estate planning for married couples. Made up of two distinct parts, Trust A and Bypass Trust B, this legal tool allows individuals to maximize their estate tax benefits and ensure the financial security of their surviving spouse. Trust A, also known as the Marital Trust, is designed to provide for the surviving spouse by transferring assets to them while still taking advantage of the unlimited marital deduction. This deduction allows the estate to pass from the deceased spouse to the surviving spouse without incurring estate tax. The surviving spouse becomes the beneficiary of Trust A and is entitled to its income and even some principal distributions during their lifetime. However, the trust assets are not included in the surviving spouse's estate, ultimately minimizing potential estate tax liabilities upon their passing. Bypass Trust B, also known as the Family Trust, Shelter Trust, or Credit Shelter Trust, complements Trust A by utilizing the deceased spouse's estate tax exemption. When the first spouse passes away, a portion of their assets, up to the estate tax exemption limit, is transferred to the Bypass Trust B rather than being directly inherited by the surviving spouse. Unlike Trust A, the Bypass Trust is irrevocable and cannot be modified after the first spouse's death. By allocating these assets, the estate can fully utilize the deceased spouse's estate tax exemption, effectively reducing potential estate taxes. Moreover, there are variations of the Marital Deduction Trust used in Los Angeles, California, depending on the specific needs and circumstances of the couple. These variations include Qualified Terminable Interest Property (TIP) trusts, which provide the surviving spouse with income from the trust while preserving the principal for the couple's heirs. TIP trusts are especially valuable in situations where the deceased spouse has children from a previous marriage or wants to ensure that property eventually passes to other chosen beneficiaries. Another variant is the Non-Qualified Marital Deduction Trust, used when couples have substantial assets that exceed the estate tax exemption amount. With this trust, assets exceeding the exemption amount are transferred directly to the surviving spouse, bypassing the Bypass Trust B. While the non-qualified approach can simplify the estate plan, it disregards the potential tax benefits associated with Bypass Trusts. In summary, the Los Angeles California Marital Deduction Trust encompasses Trust A and Bypass Trust B, both crucial components of estate planning for married individuals. Trust A ensures the financial well-being of the surviving spouse while minimizing estate tax liabilities, while Bypass Trust B optimizes the utilization of the estate tax exemption. With variants such as TIP trusts and Non-Qualified Marital Deduction Trusts, couples have the flexibility to tailor their estate plans according to their unique circumstances and goals.

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Los Angeles California Marital Deduction Trust - Trust A and Bypass Trust B