Is My California AB Trust Obsolete? Should I Replace My AB Trust? Trust B (Bypass or Decedent’s Trust): Holds the deceased spouse’s assets, typically to be used for the benefit of the surviving spouse but ultimately passing to beneficiaries without being included in the survivor’s taxable estate
California Trust Litigation – When the Surviving Spouse Can . . . This Blog post will discuss the situation in which, in a family trust, the trust instrument gives the surviving spouse the full power to amend the entire trust after the first spouse (“deceased spouse”) passes away
Navigating A B Trusts and Disclaimer Trusts in Estate . . . Disclaimer trusts offer a more flexible approach, giving the surviving spouse the option to “disclaim,” or refuse, a portion of the inheritance after the first spouse’s death Disclaimed assets pass into a bypass trust, much like Trust B in an A B trust
Trusts for Married People — CalEstatePlanning Disclaimer trusts do not force the surviving spouse to split the estate when one spouse passes away In contrast to A-B or bypass trusts, disclaimer trusts give the surviving spouse a choice, during the nine months following the deceased spouse’s death, to keep the trust as a unified whole if there is no tax reason to divide it – or to
Is Your A-B Bypass Trust Obsolete? - boydlawlosangeles. com After the death of the first spouse, the B Trust becomes irrevocable, meaning the surviving spouse cannot alter the trust in any way The surviving spouse’s use of the assets in the B Trust are also very limited