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AB Trust

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A quick definition of AB Trust:

An AB trust is a way for rich married people to save money on estate taxes. When one spouse dies, their property is split into two trusts. Trust B is for the deceased spouse's property up to a certain amount and goes to their children. Trust A is for the surviving spouse's property and sometimes leftover assets from the deceased spouse. The surviving spouse controls Trust A and can use it as they wish. When the surviving spouse dies, both trusts go to their named beneficiaries. This method may not save money on taxes for everyone, and it can be expensive to set up and manage. It's important to get advice from experts before using an AB trust.

A more thorough explanation:

An AB trust, also known as a bypass trust or credit shelter trust, is a legal tool used by wealthy married couples to maximize their estate tax exemptions. The strategy involves creating two separate trusts after one spouse passes away.

Typically, the deceased spouse's portion of the couple's property, up to the applicable exclusion amount (currently $11.7 million), is put into Trust B (the bypass trust). This trust is irrevocable and will pass to beneficiaries other than the surviving spouse, usually their children. The surviving spouse must follow the trust's plan without overly benefiting from its operation, but this trust often passes income to the surviving spouse to live on for the rest of their life.

The surviving spouse's portion of the property and sometimes the leftover assets of the deceased spouse above the exclusion amount will be put into Trust A. The surviving spouse has control over this trust and may use it as they wish. When the surviving spouse passes, both trusts pass to their named beneficiaries.

This method of dividing assets may save on estate taxes, but only in limited circumstances. Before the Tax Cuts and Jobs Act, many individuals used this to take full advantage of their estate tax exclusions which were less than $6 million. After the Tax Cuts and Jobs Act, this tool can only be beneficial in limited circumstances because the exclusion now is over $11 million which applies to few individuals. Further, now a spouse's exclusion is portable, meaning a deceased spouse's exclusion can be used by the surviving spouse, and this eliminates many of the benefits of a bypass trust. However, many states have no gift taxes or have estate taxes which are not portable which might make bypass trusts still beneficial to wealthy couples.

For example, John and Jane are a wealthy married couple with a combined estate of $20 million. They want to minimize their estate tax liability and decide to create an AB trust. After John passes away, his portion of the estate, up to the exclusion amount, is put into Trust B, which will pass to their children. Jane's portion of the estate and any leftover assets above the exclusion amount are put into Trust A, which she controls. When Jane passes away, both trusts pass to their named beneficiaries, and their estate tax liability is reduced.

It's important to note that using a bypass trust requires specific wording in the creation of these trusts and limits on the surviving spouse's use of the bypass trust. Also, given the high fees involved in planning, managing, and paying for attorney fees for bypass trusts, often a bypass trust may be more costly than the estate tax itself, and sometimes, the estate would incur less taxes outside of the bypass trust by incurring a stepped-up tax basis for property.

ab intestato | ABA

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hmm good point, appreciate it! I've been thinking about it all day lol
trees1234567
18:30
I phrased it more as - I wanted to follow up and see if there's anything else you need for the recommendations. I have been thinking about our work/experiences doing this and thought to see if you wanted a copy of this (paper, work product, essay, etc.)
trees1234567
18:30
cause then it gets them thinking and being like oh yeah! maybe a copy of this awesome essay or brief or something u did is something I want to refresh myself on
oo I like that language, I do want to share material with them but didn't want to force it
trees1234567
18:32
right - make them come to the conclusion on their own haha
gotta make sure the recs are shiny to help admin overlook the lsat lmao
trees1234567
18:37
that 3.98 is very nice tho
trees1234567
18:38
but I understand! my stats were below both medians and so I knew how important my recs were
Id like to think so until I start seeing 4.0+ w a bunch of 175+ lol
right im trying to control everything else I can knowing I'll be below most of my schools medians
trees1234567
18:40
well the 3.98 won't!
trees1234567
18:41
you'll be a splitter and can and will succeed!
appreciate that big time !
trees1234567
18:41
good luck!
thank you! How'd your cycle go?!
trees1234567
18:42
it is still going haha
trees1234567
18:42
I am on 8 WLs currently spanning from Stanford to Vandy!
WL are hidden gems, sending positive vibes that your hear from some soon!
trees1234567
18:43
so writing my LOCIs for the schools I would drop everything to go to and will restart LSAT prep around memorial day weekend for reapplying!
trees1234567
18:43
thanks so much!
I will say it does suck to be strung on this long into the process and not really know for sure if youll hear from the school youre hoping to hear from
Guarantee you'll get good news in the middle of restaring prep and wont need to reapply! I look at WL as a good sign the school likes you and saw great potential but something in the numbers isn't helping their 509 and they just need to figure out how to squeeze in to fit the report ;)
trees1234567
18:46
that is a very kind and optimistic outlook!
trees1234567
18:47
keep that as you go through the process - I share a similar perspective, but throughout it all, it can be challenging to keep up the smile when things may not go the way you planned! hopefully all of your dreams come true and you don't have to worry about that tho!
Totally hear ya, it's tough out there but always gotta find a way to stay grounded!
19:07
Vanderbilt youre killing me
19:08
Vandy feeler are u kidding where is the damn wl movement
KnowledgeableRitzyWasp
20:52
vanderbilt more like vanderballs
vanderbilt more like vandernobitches
KnowledgeableRitzyWasp
22:04
classic 💀
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