Passing
It On with Trusts
In 16th
century England, wealth and power were largely a matter of how much land an
individual owned. The king paid close attention to the inheritance of land to
limit anyone from becoming too powerful. Land transfers following a death were
governed by the king's courts in an expensive process on which our modern system
of probate is based.
Eventually,
some landowners used trusts to help avoid the king’s probate. A landowner
would deed his property to the church, which held it in trust during his
lifetime and promised to return the land to the owner’s heirs after his death.1
Trusts of
all types are still used to help avoid probate and reduce taxes.2
Here are two common trusts that you may want to consider in your estate
planning.
A-B
Trust
A living trust with an A-B provision doubles the amount of an estate that
married couples can exempt from taxes. When the first spouse dies, the assets of
the survivor are transferred to Trust A, and the assets of the deceased spouse
go to Trust B. Each trust becomes a taxable entity entitled to the unified
credit exemption (currently $1 million) and is exempt from probate. Without a
properly structured bypass trust, the couple could use the estate tax exemption
only once.
Life
Insurance Trusts
When
you acquire assets, if you don’t complete paperwork to place them in your
trust, you may not reap the full benefit of the trust.
One
potential way to avoid this problem is to own a life insurance policy inside an
irrevocable life insurance trust so that the death benefit does not become part
of your taxable estate.3 Your heirs can use the
proceeds to help pay any estate taxes, perhaps eliminating the need to sell
assets.
Most people would agree
that they would rather leave the bulk of their estate to their heirs than to the
government. With a trust, you may be able to shield more of your assets from
taxes and the often costly probate process.
1) Nolo.com and
SaveWealth.com
2) The use of trusts involves a complex web of tax rules and regulations. You
should consult with an experienced tax, legal, or estate planning professional
before implementing such strategies.
3) The cost and availability of life insurance depend on factors such as age,
health, and the type and amount of insurance purchased. Before implementing a
strategy involving life insurance, it would be prudent to make sure that you are
insurable by having the policy approved. As with most financial decisions, there
are expenses associated with the purchase of life insurance. Policies commonly
have mortality and expense charges. In addition, if a policy is surrendered
prematurely, there may be surrender charges and income tax implications.
©
2002 Emerald Publications