Trusts & Estates
Marital Planning in the Joint Trust: Balancing Income Tax, Transfer Tax, and Asset Protection Concerns
by Brenda Geiger, JD
Marital planning in the joint trust context can be complex. As counselors, we are often asked which plan a client should choose, and sometimes the answer isn't entirely clear. Download this article to explore the tax and non-tax implications of four main marital options upon the death of the first spouse.
- Leaving all property to a spouse in a survivor’s trust;
- Dividing property into an A trust and B trust after the death of the first spouse;
- Leaving all of the deceased spouse’s property to the surviving spouse and including provisions for the surviving spouse to disclaim to a bypass trust; and
- Using a Clayton election after the death of the first spouse.
Complete the form to get your free guide
Related Resources
What Every Estate Planner Should Know About Probate Litigation
Learn how you can best serve your clients (and keep them out of court) by downloading “What Every Estate Planner Should Know About Probate Litigation.”
Learn More
Advising Clients on Probate
In this Insight Brief learn some popular probate avoidance strategies, along with some advice you can give to make sure your careful plans aren't foiled by your clients' actions (or inaction).
Learn More
Deciding Whether to Use a Joint Trust or Separate Trusts for a Married Couple
This article will evaluate the merits of both joint trusts and separate trusts in separate and communityproperty states, examining the issue through the lens of the basic sweetheart estate plan.
Learn More