Trying
to predict the federal estate tax is about as easy as trying to predict the
stock market. After a decade of almost yearly changes, the government has
currently legislated a temporary fix that expires 2012. Given the uncertain
nature of the tax, couples need to remain vigilant about estate planning.
Bypass trusts can help a couple maximize use of the federal estate tax
exemption and ultimately bequeath more of their wealth to successive generations.
For bypass trusts to achieve
their goal, a couple needs to value their assets, title them appropriately, and
review their estate plan every few years to determine whether the trust's
funding mechanisms remain appropriate. Trusts are complicated legal entities,
and it is important to seek advice from an estate planning attorney with
experience in this area.
Why Consider Bypass
Trusts?
A married taxpayer may bequeath an unlimited amount of assets
to a spouse without triggering federal estate taxes, a practice known as the
unlimited marital deduction. A missed opportunity can arise when a surviving
spouse inherits these assets and subsequently dies with an estate that is worth
more than the amount of the federal estate tax exemption in effect at the time.
In this scenario, the estate tax exemption of the spouse that died first was
not used and, in effect, was wasted. Bypass trusts address this situation by
maximizing the exemptions of both spouses.
How Bypass Trusts Work
Couples often establish bypass trusts within the framework of
a living trust that determines legal ownership of the couple's assets. Estate
planning experts typically recommend that each spouse maintains a bypass trust
with assets that are worth close to the value of the current estate tax exemption.
Assets within the bypass trusts typically are those that the couple does not
intend to use during their lifetimes but instead plans to bequeath to heirs.
Upon the death of the spouse
that dies first, the surviving spouse inherits the decedent's assets that are
not part of the decedent's bypass trust. Because of the unlimited marital
deduction, there is no immediate tax liability for these assets. The surviving
spouse is the beneficiary of the decedent's bypass trust, which will not be
included in the surviving spouse's estate. The assets used to fund the
decedent's bypass trust thus bypass the estate tax that otherwise would have
been assessed upon the death of the surviving spouse. When the surviving spouse
dies, the couple's heirs become beneficiaries of both bypass trusts.If you believe that a bypass trust may be suitable for your situation, an estate planning attorney can help you learn more about the details.
© 2011 McGraw-Hill Financial Communications. All rights reserved.
© Carmen Coleman, President and CEO
Lifetime Financial Group, LLC
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