Montgomery Maryland Marital Deduction Trust - Trust A and Bypass Trust B

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Montgomery
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US-02510BG
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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.

A Montgomery Maryland Marital Deduction Trust A and Bypass Trust B are two types of estate planning tools that offer tax benefits for married couples in Montgomery, Maryland. These trusts are commonly used to maximize the value of an estate while minimizing estate taxes upon the death of a spouse. The Marital Deduction Trust A is designed to take advantage of the unlimited marital deduction, which allows the transfer of assets between spouses without incurring any federal estate tax liability. This trust is funded upon the death of the first spouse and is designed to provide income and other benefits to the surviving spouse during their lifetime. The surviving spouse has the right to access the income and, in some cases, the principal of the trust. The Bypass Trust B, also known as the Credit Shelter Trust, is created to utilize the deceased spouse's estate tax exemption. This trust is funded with an amount equal to or less than the exemption limit, effectively shielding it from estate taxes upon the surviving spouse's death. The assets in the Bypass Trust B can provide income and benefits to the surviving spouse while ultimately benefiting other designated beneficiaries, such as children or grandchildren, after the surviving spouse passes away. By implementing both Trust A and Trust B, a married couple can effectively maximize their combined estate tax exemptions, which can result in significant tax savings for their heirs. These trusts are commonly used in estate planning to ensure the smooth transfer of assets, protect the surviving spouse, and preserve wealth for future generations. In Montgomery, Maryland, residents can consult with estate planning attorneys or financial advisors specializing in trust planning to determine the best strategy for their specific circumstances. Proper drafting and administration of these trusts are vital to ensure they comply with Maryland laws and achieve the desired tax benefits. It is important to work with professionals who have expertise in estate planning and are familiar with the intricacies of Montgomery, Maryland's estate and tax laws. It is worth noting that laws and regulations regarding estate planning, including marital deduction trusts, may vary from state to state. Therefore, it is essential to seek customized advice from a qualified professional who can provide guidance based on Montgomery, Maryland's specific legal requirements and tax implications.

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FAQ

The assets that are not transferred into the bypass trust will fund the marital trust and will be included in the taxable estate of the second spouse to die. However, because of the unlimited marital deduction, the assets that are placed in this trust will not be taxed in the estate of the first spouse to die.

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 trust that qualifies for the marital deduction. A qualified terminable interest property trust ("QTIP trust") allows a spouse to give a life estate in property to his or her spouse without incurring the federal gift tax.

For a transfer to qualify for the estate tax unlimited marital deduction, the property interest must meet three requirements. First, the property must be included in the decedent's gross estate. Second, the property must be transferred to the surviving spouse. Third, the interest must not be a terminable interest.

A marital deduction trust can take one of two forms, either a life estate coupled with a general power of appointment given to the spouse or a Qualified Terminable Interest Property (QTIP) trust.

The primary difference between the "by-pass" trust and the marital deduction trust, is that the assets of the by-pass trust are considered to pass directly from the estate of the first spouse to die to the ultimate beneficiaries at the time of the first spouse's death, even though the surviving spouse can use the

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. The first part is the marital trust, or A trust. The second is a bypass, family or B trust.

Two common trusts qualify for the marital deduction: power of appointment trusts and qualified terminable interest property (QTIP) trusts. An important difference between the two types of trusts concerns the surviving spouse's ability to appoint the stock to someone else during life or at death.

This technique is novel because normally, gifts between spouses qualify for the federal estate and gift tax marital deduction and must be included in the spouse's estate at death. Gifts made to an Irrevocable Spousal Trust are not taxed in the survivor's estate.

The trust gets its name from the fact that it splits into two separate entities when one spouse dies. Trust A is the survivor's trust and trust B is the decedent's trust.

More info

At the first spouse's death, an amount that can be sheltered from estate tax pours into the Bypass or "B" Trust. Fill out the form to access a sample of Practical Guidance.

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Montgomery Maryland Marital Deduction Trust - Trust A and Bypass Trust B