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Simple English definitions for legal terms

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.

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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