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The first trust (the ?marital? trust) is for the surviving spouse, and the second trust (the ?bypass? or ?residual? trust) is typically for the couple's heirs. The surviving spouse can access the residual trust or receive income from it during their lifetime, but it does not belong to them.
The marital deduction is determinable from the overall gross estate. The total value of the assets passed on to the spouse is subtracted from that amount, giving us the marital deduction. This interspousal transfer can occur during the couple's lifetime or after one spouse's death, ing to a will.
Even with the increased lifetime exemption amount for 2023, over $2 million would be subject to estate taxes. Those assets could be gifted to you tax-free using the unlimited marital deduction; however, the value of your taxable estate would also be increased by the value of the assets gifted to you. Understanding the Unlimited Marital Deduction | Los Angeles Estate ... schomerlawgroup.com ? estate-planning-2 schomerlawgroup.com ? estate-planning-2
An example of when a marital trust might be used is when a couple has children from a previous marriage and wants to pass all property to the surviving spouse upon death, but also provide for their individual children.
The unlimited marital deduction is a provision in the U.S. Federal Estate and Gift Tax Law that allows an individual to transfer an unrestricted amount of assets to their spouse at any time, including at the death of the transferor, free from tax. What Is Unlimited Marital Deduction? How It Works and Taxation Investopedia ? terms ? unlimited-m... Investopedia ? terms ? unlimited-m...
Formula Marital Deduction Bequests There are three basic formula clauses that normally are used: (1) pecuniary marital deduction; (2) pecuniary unified credit; and (3) fractional residuary marital reduction. Numerous variations and refinements can be applied to each. Chapter 6 Use of the Marital Deduction in Estate Planning National Timber Tax ? publications ? Cha... National Timber Tax ? publications ? Cha... PDF
The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds.
The only potential disadvantages in general are two sub-trusts instead of one at the death of the first spouse and the requirement to file a 706 death tax return to elect QTIP treatment over the assets being funded to the QTIP Marital Trust. Married Joint Trust Marital Deduction Planning in California geigerlawoffice.com ? blog ? married-joint-t... geigerlawoffice.com ? blog ? married-joint-t...