The Revocable Trust
(a/k/a The Living Trust).
This trust works great for an aging parent living in one place when a "financial anchor" child lives elsewhere. Or to set up for managing a disabled person's financial affairs. These trusts can eliminate probate, too, as long as the assets are titled correctly (i.e., in the Trust).
But these trusts are invisible to IRS; there's no income tax or estate tax saving unless particular language is put in the Trust. Better check if that's what you've been counting on.
The Credit Sheltered Trust
(a/k/a The By-Pass Trust).
Assets up to a specific amount can pass estate tax-free upon your death. But you get this credited amount of assets without a trust if you're not married when you die. If you are married, you need this Trust built into your Will or Revocable Trust, to insure the savings. And the beneficiary of this Trust can be anybody -spouse, children, you name 'em, for a lifetime, a shorter period, or as you specify.
What's the price? Observing some very distinct rules, and having the right ones in writing.
The "QTIP" or "Marital" Trust.
This Trust is how "The new spouse's kids don't get anything when we're both gone." A Marital (technical name: "Q.T.I.P.") Trust holds assets in trust for your spouse for as long as he or she lives, and without any estate tax being paid now. When the spouse dies, then the taxes get paid and the remaining trust assets go to whomever you picked. Properly structured, these trusts get the unlimited marital deduction, and also open the door to the "Generation skipping" tax exemptions.
The Insurance Trust.
Contrary to popular lore, life insurance benefits are taxed upon death; the Estate Tax Return gives 'em a page of their own. But there's an exception: insurance held in an Irrevocable Life Insurance Trust isn't estate-taxed ever.
Trustees can be family members, friends, even your spouse along with someone else. Certain formalities need to be observed every time a premium is due, but they're worth it, and you can do them yourself. These Trusts also work on single-life policies and for "Second-to-die" policies, which give your beneficiaries a chance to recoup estate taxes. |