Marital Trust planning is essential for all those couples who will be worried about protecting surviving family members, especially children, and avoiding estate taxation.

Marital Trust planning will be the use of trusts to offer the goals of asset preservation and family protection. The word, “Marital Trust” is employed in this post to talk about both marital trusts and non-marital trusts

Just what Marital Trust? There are essentially three types of marital trusts. QTIP (Qualified Terminal Interest Property) Trusts, Estate Trusts and General Strength of Appointment Trusts. Each includes a specific targeted goal, though the reason why someone would look at a Marital Trust would be to offer their surviving spouse and kids.

A QTIP Trust, typically, is funded upon the death of just one spouse and directs payments of interest income on at the very least once a year basis for the surviving spouse. The remainder within the trust then passes upon the death from the surviving spouse for the kids of the original Grantor. The good thing about this trust is that it allows someone with children coming from a previous marriage in order that those children are provided for, as well as providing for a surviving spouse. An Estate Trust essentially does the ditto, but requires the remainder to be passed through the surviving spouse’s estate, giving the surviving spouse greater discretion within the allocation from the original asset. A General Strength of Appointment Trust is appropriate if there are no children and provides the surviving spouse accessibility full amount within the trust on their lifetime.

The most important element of a Non-marital trust to consider is that it does not shield assets from estate taxation. They simply postpone the taxation event before the death from the surviving spouse, because there is a unlimited marital exemption upon the death from the first spouse. Assets within a marital trust pass at the mercy of any applicable estate tax guidelines. This is very very important to QTIP Trusts while they may have assets earmarked to deal with from the Grantor, but you are potentially diminished by estate taxation. To shield assets from estate taxation, you must have a Non-marital trust.

Just what Non-Marital Trust? Non-Marital Trusts in many cases are referred to as “Credit Shelter Trusts” or “Bypass Trusts.” These trusts let the Grantor to supply income on their surviving spouse, while ultimately passing assets for the Grantor’s children

Bypass Trusts are irrevocable trusts which can be created throughout the lifetime of the Grantor or even in the Grantor’s Last Will and Testament. If they’re created in a Grantor’s Will, they become irrevocable upon the death from the grantor. The trust is funded by having an amount corresponding to the annual exclusion applicable in from the Grantor’s death. In 2017, the annual exclusion amount is $5.49 million dollars. A surviving spouse may have use of interest income from your trust as well as the trust principal, however only for that surviving spouse’s health, education, maintenance or support. Upon the death from the surviving spouse, the trust remainder passes for the original Grantor’s children tax free.

An important note with Bypass Trusts could be that the IRS includes a three year reminisce period for tax free transfers. That implies that if the surviving spouse dies within several years from the original Grantor’s death, the assets will be at the mercy of estate taxation. Also, if the family residence is transferred in a Bypass Trust, it’ll get the stepped-up value at the time of the date from the Grantor’s death. However, if the value of the residence is constantly increase, any gain attributed from your date from the Grantor’s death for the distribution to beneficiaries will be at the mercy of capital gains tax. A Bypass Trust cannot claim the $250,000.00 personal capital gains exemption.

Surviving spouses in many cases are named as trustees, making compliance with tax requirement critical both in the drafting of Bypass Trusts plus their execution following the original Grantor’s death. That’s why it is very important to see by having an experienced estate planning attorney when thinking about Marital and Non-Marital Trusts. Remember that a strong basic estate program’s and a must for just about any family.

For more information, email me at [email protected] or visit www.timeforfamilies.com.

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