Credit Shelter and Marital Trusts Following the 2017 Tax Act

Thursday, May 17, 2018

Hot Topic Webinar Presented by

Jonathan G. Blattmachr, JD, and Teresa L. Bush, JD

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Abstract:

In this webinar, we will consider the future of traditional credit-shelter trust planning, and review why such trusts remain good options even with a very large federal estate tax exemption.  We will discuss formula gifts to credit-shelter trusts, as well as other ways of creating credit-shelter trusts – by disclaimer or by the use of a “Clayton” QTIP.  We will also compare the benefits of a marital trust versus an outright gift for property left to the surviving spouse.  We will then review how the 2017 Tax Act changes the planning landscape (at least temporarily), and what options within credit-shelter trusts and marital trusts might be used to reduce overall taxation for your clients. We will also focus on basis matters for trust assets, including how portability plays out on that.  Finally, we’ll highlight other trust planning ideas that you might consider, given the new law.

Short Agenda:

• Traditional credit-shelter and marital trust planning

• Benefits of trusts in general

• The 2017 Tax Act – do larger exemptions mean less need for trust planning?

• Impact of State Death Taxes

• Shift in Focus to Income Tax Planning

• Other Strategies to Consider

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