105: AB Trust: Do You Have One? Do You Need One?

Ever open a closet drawer only to discover something from your past that’s long since been rendered obsolete? More often than not, this obsolescence comes by virtue of outdated technology — or, in the case of clothing, because of a shift in what’s considered fashionable. Think VHS players, a Sony Walkman . . .  parachute pants.

While you probably wouldn’t expect to find any such relics within the realm of estate planning, they might just exist there too. If you’re married, an excellent case in point is the AB trust you’ve been holding onto for quite some time — maybe without even knowing it. And like those archaic electronic devices or that “of its time” fashion, it may be time to kick it to the curb.

At one time, AB Trusts were very common. They harnessed a specifically designed structure to minimize exposure to the California estate tax laws that included a surprisingly low exemption — as low as $1 million dollars. So, if a couple had a worth of $2 million and one spouse died, the remaining spouse was often saddled with a substantial estate tax liability.

But, in 2013, those estate tax laws changed dramatically. That exemption mentioned above was bumped up by a multiple of more than 12 times — meaning that it now shielded a far greater number of estates from estate tax liability and, for many couples, also rendered their AB Trust obsolete.

Are you one of these couples? Tune into the latest episode of Absolute Trust Talk to find out. Kirsten Howe and associate attorney, Madison Gunn, will take a close look at AB Trusts, including the reasons why they became such a “go-to” strategy for so many married couples, why this type of trust can be more trouble than they’re worth for some, and how they still offer specific protection that may make them invaluable for a few others.

In this episode, we’re going to discuss:

Why AB Trusts were often the perfect fit for married couples based on the estate tax laws in place about a decade ago. How the AB Trust got its name — including Kirsten’s take on the trust’s naming origin. The specific requirements of an AB Trust. These requirements entail a considerable amount of legal and accounting work at a certain point, and extra costs come with that. The primary consideration that must be made to determine whether or not an AB Trust is still the best option for you. Some scenarios that can play out in the absence of an AB trust. These scenarios may make an AB Trust your best option despite its requirements. Why, if you haven’t updated your trust in the past decade, you should make an appointment with your trust attorney ASAP.

And more.

Despite those changes to California estate tax laws, many couples still retain an AB Trust that will profoundly impact how their estate is maintained in the event one spouse dies. It’s our goal for you to walk away with a clear understanding of this sometimes misunderstood — and potentially outdated — estate tax strategy.