Tuesday, February 1, 2011

Estate Planning Mistakes - Number Twenty-Five


For those with Federal Estate Tax exposures (for 2011 and 2012 it is 5 million/10 million for married couples), you as well as your spouse should have a credit shelter trust. The Credit shelter trust/By-pass trust should be properly funded. This requires that each couple have sufficient assets in their name alone. Those assets would fund the Credit shelter trust/By-pass trust upon the death of a spouse.

If there are not sufficient assets to fund the Credit shelter trust/By-pass trust at the death of the first spouse to die, then the surviving spouse will have to disclaim a portion of his or her inheritance to allow the funding to occur. A qualified disclaimer must be executed within 9 months of the date of death of the first spouse to die.

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