Philadelphia Pennsylvania Marital Deduction Trust - Trust A and Bypass Trust B

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Philadelphia
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US-02510BG
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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.

A Philadelphia Pennsylvania Marital Deduction Trust is a legal trust established in the state of Pennsylvania that allows a person to maximize their estate tax exemptions and provide for their surviving spouse. It is often created as part of an estate plan to take advantage of the marital deduction tax benefits offered by the Internal Revenue Code. Trust A, also known as the Marital Trust or the A Trust, is a component of the Philadelphia Pennsylvania Marital Deduction Trust. It is designed to hold assets for the benefit of the surviving spouse after the initial spouse passes away. The assets placed in Trust A are eligible for the marital deduction, meaning they are not subject to federal estate taxes upon the death of the first spouse. The surviving spouse can receive income generated by the trust and, in some cases, have access to the principal to maintain their standard of living. Trust B, also known as the Bypass Trust, Credit Shelter Trust, or Family Trust, is the second component of the Philadelphia Pennsylvania Marital Deduction Trust. It is designed to utilize the available federal estate tax exemption of the first spouse to die. Assets equal to or less than the federal estate tax exemption amount are transferred to Trust B upon the death of the first spouse. These assets are not subject to estate taxes in the surviving spouse's estate and can pass to beneficiaries, such as children or other family members, without incurring additional taxes. Overall, the Philadelphia Pennsylvania Marital Deduction Trust, consisting of Trust A (Marital Trust) and Trust B (Bypass Trust), provides a comprehensive estate planning strategy for married couples in Pennsylvania. It enables the preservation and efficient distribution of assets, minimizes potential estate tax liabilities, and ensures financial security for the surviving spouse while still benefiting future generations.

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FAQ

Property interests passing to a surviving spouse that are not included in the decedent's gross estate do not qualify for the marital deduction. Expenses, indebtedness, taxes, and losses chargeable against property passing to the surviving spouse will reduce the marital deduction.

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.

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.

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.

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 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.

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.

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.

A Marital Trust qualifies for the unlimited marital deduction. The surviving spouse is the sole lifetime beneficiary of the trust and can maintain the right to withdraw income and principal from the trust.

More info

Decanting the Bypass Trust to a Trust that Provides Basis . (a). Bypass trust assets do not receive a second step- up in basis at the death of the surviving spouse. (b).Trusts are subject to the highest tax brackets at. Credit shelter trust that uses up his estate tax exemption. Items 5 - 10 — paying no estate tax because of the marital deduction.

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Philadelphia Pennsylvania Marital Deduction Trust - Trust A and Bypass Trust B