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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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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
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.
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