| |
Can you give an example?
Let us assume the following to simplify the concept:
A couple owns assets worth $4,000,000. They have an A/B Trust in which the husband and the wife hold all of their assets for their own benefit during their lifetimes. This trust can be revoked or amended at any time.
The trust gets divided into two trusts at the time of the husband's death - the Survivor's Trust and the Credit-Shelter Trust. The Credit-Shelter Trust contains a certain amount of assets, not exceeding $2,000,000. The remaining $2,000,000 goes to the Survivor's Trust.
During the wife's lifetime, she is not considered to be an owner of the assets in the Credit-Shelter Trust. She, however, has access to the income from the trust for life and can use the principal if necessary for her health, education, support and maintenance.
At the wife's death, the $2,000,000 that were ascribed to the husband are assets still owned by the Credit-Shelter Trust, and thus are not included in the wife's estate. When these assets pass to the couples' children, the husband's $2,000,000 lifetime exemption protects these assets from federal estate taxes. The assets remaining in the wife's Survivor's Trust ($2,000,000 at her death) are also transferred free of tax because of her $2,000,000 lifetime exemption. Hence, the entire $4,000,000 is passed to the couple's children free of tax.
What else do I need to know before investing in an A/B Trust?
Investing in an A/B Trust ensures that your assets go to the people who are important to you and keeps away the IRS from taking a big chunk from your property, after you and your spouse are deceased. It is advised that before setting up an A/B Trust, you should consult your financial advisor or an attorney. The consultation should be made so that the documents are suitably drafted according to the needs of the situation.
|