My current location: Los Angeles, CA | Change location

Tax-Saving AB Trusts


Commonly, younger couples create a basic probate-avoidance living trust. When they're older, they revoke it and create an AB trust. And if one spouse unexpectedly dies sooner, the survivor will inherit everything free of estate tax, no matter what the amount. The surviving spouse will probably have years to use the money -- and to find other methods of reducing eventual estate tax.

Other couples who may not need an AB trust include:

  • Couples where one spouse is considerably younger than the other. There's generally no need to burden the second spouse with a trust designed to save estate taxes when he or she is likely to live for many years.
  • Many couples with children from prior marriages. There may be concern about conflicts between the surviving spouse and the deceased spouse's children, who must essentially share ownership of property for many years. (See Family Conflicts, below.)

Despite its possible drawbacks, an AB trust does work very well for many families. Many older couples conclude that the relatively minor accounting and recordkeeping hassles are outweighed by the benefits.

 
Family Conflicts

With an AB trust, there is an inherent possibility of conflict of interest between the surviving spouse and the final beneficiaries. The final beneficiaries may want all the trust property conserved, no matter what the needs of the surviving spouse. But the surviving spouse may want to spend trust principal.

An AB trust works best when the final beneficiaries understand that taking the trouble to create the trust is a generous act by parents. After all, the parents do not benefit themselves, but their inheritors receive much more of the couple's combined estate than they would if the spouses simply left property to each other. The final beneficiaries should also understand that all property in the trust should be available for the surviving spouse.

Copyright 2006 Nolo

Sponsored Services
What happens to your family if something happens to you?
Create a will and trust for your family. It's fast and easy with our forms and guides.
More Sponsored Services
Wills, Divorce, Incorporation & More - Legalzoom:
Fast and friendly legal document service from LegalZoom, the #1 online legal document service
USLegalForms.com - Largest Selection of Legal Forms on The Internet:
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.