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Simple English definitions for legal terms

surviving spouse's trust

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A quick definition of surviving spouse's trust:

A surviving spouse's trust is a type of trust that is controlled by the living spouse in an AB trust scheme. This means that when a couple splits their assets into two trusts to limit estate taxes, the surviving spouse's trust (also known as the A trust) contains a portion of the assets and allows the surviving spouse some control over the trust. The other trust (B trust) must be irrevocable and uncontrollable by the surviving spouse. This system may not benefit as many spouses now, but some still use it to limit state estate taxes or delay all estate taxes.

A more thorough explanation:

Surviving spouse's trust is a type of trust that is controlled by the living spouse in an AB trust scheme. An AB trust is a way for a couple to split their assets into two trusts to limit the estate taxes incurred by their property before being given to the beneficiaries.

The A trust is the surviving spouse's trust, which contains a portion of the assets and allows the surviving spouse some control over the trust. The B trust must be irrevocable, uncontrollable by the surviving spouse, and can only benefit the surviving spouse in limited ways.

For example, John and Jane have an AB trust. John dies, and his assets go into the B trust, which is controlled by the trustee. Jane's assets go into the A trust, which she controls. Jane can use the assets in the A trust for her benefit during her lifetime, but she cannot change the terms of the trust or give the assets to anyone else.

Since the lifetime exclusion amount for estate taxes now is portable between spouses, this system may not benefit as many spouses. However, many still use the AB trust system to limit state estate taxes or to delay all estate taxes.

Overall, a surviving spouse's trust is a way for a couple to protect their assets and limit estate taxes. It allows the surviving spouse to have some control over the trust while still ensuring that the assets are distributed according to the couple's wishes.

surviving spouse | Survivor

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15:43
woah so much swagger with dat 'm;
Dkk
15:47
@shaquilleoatmeal: more like, blow my back out by the bay boston instead of back bay boston.
Dkk
15:48
Indeed, the legendary man himself.
15:49
I would go to blow my back out by the bay boston
15:50
lift with ur back not your legs, its better to have a blown back than two bad legs
CynicalOops
15:53
Blow and back day out by boston bay
15:59
so true
Dkk
16:03
Of course. Man sad Ricky Henderson died. That was my favorite athlete of all time.
windyMagician
16:10
is it dumb that I rlly want to go to Mich even tho I have a full ride to umn
16:12
no-value as a consumer often means more than the price
Dkk
16:15
@windyMagician: Nah michigan is better than UMN
Dkk
16:15
My sister just officially graduated, yay!
16:16
awesome @Dkks sister
16:16
prolly named veronica or sarah
windyMagician
16:16
@Dkk: for public defense tho?
windyMagician
16:16
Sarah in the bathroom
texaslawhopefully
16:17
@windyMagician: not at all. Michigan is also very generous with aid, so if you get enough it makes perfect sense to take it.
windyMagician
16:17
fuck okay
windyMagician
16:17
going to my dream school is crazy
michigan also has better options if you do PD for 10 years then want to do something else
windyMagician
16:19
also would love to clerk for my federal district court even tho I know its hella competitive, I think mich sets me up better?
16:20
would be a great point to bring up when ur deciding / visiting each place- see what recent placement looks like
texaslawhopefully
16:23
For fed clerkships by far Michigan places better. I think it’s like 14-15 percent
windyMagician
16:25
sticker debt is high-key scary tho
texaslawhopefully
16:26
I’m sure you’ll get good merit aid though. Look at Michigan’s 509 report. They’re very generous.
16:34
i am going to wait patiently into january to get into a law school
16:34
then i will start tweaking
texaslawhopefully
16:42
January could not come any sooner
16:54
i hope you guys all have a very lovely holiday season
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