Simple English definitions for legal terms
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A disclaimer trust is a special type of trust that helps spouses reduce the amount of taxes they have to pay on their estate. When one spouse dies, the other can choose to inherit their assets directly or disclaim them. If they disclaim the assets, they go into an irrevocable trust that avoids estate taxes for the surviving spouse. The surviving spouse still gets to use the assets, but they have to follow the rules of the trust. This type of trust can also protect assets from creditors and ensure that children receive them after the surviving spouse passes away.
A disclaimer trust is a type of trust that helps spouses limit estate taxes. When one spouse dies, the other spouse can choose to inherit assets directly or disclaim them. If the surviving spouse disclaims the assets, they will be moved into an irrevocable trust, known as a disclaimer trust, which avoids estate taxes for the surviving spouse. The surviving spouse can still benefit from the assets, but they will be limited to the terms of the trust.
For example, let's say John and Jane are married. John has assets worth $5 million, and he wants to ensure that Jane doesn't have to pay estate taxes on those assets when he dies. John can create a disclaimer trust in his will, which states that if Jane disclaims the assets, they will be moved into the trust. If Jane disclaims the assets, they will be moved into the trust, and she can still benefit from them, but she will be limited to the terms of the trust.
A disclaimer trust can also be used to keep assets away from creditors, later spouses if the surviving spouse gets remarried, or to ensure that children receive the assets from the trust after the surviving spouse passes.
For example, let's say John and Jane have children from previous marriages. John wants to ensure that his children receive his assets when he dies, but he also wants to provide for Jane. John can create a disclaimer trust in his will, which states that if Jane disclaims the assets, they will be moved into the trust, and his children will receive them after Jane passes away.