06/06/2024
{
"title": "Spousal Lifetime Access Trusts: Protecting Assets and Reducing Estate Taxes",
"excerpt": "Discover the benefits and risks of Spousal Lifetime Access Trusts (SLATs) and how they can help couples protect their assets and reduce estate taxes while providing for their spouse's lifetime needs.",
"content": "Spousal Lifetime Access Trusts: Protecting Assets and Reducing Estate Taxes
Spousal Lifetime Access Trusts (SLATs) are a powerful estate planning tool that allows couples to protect their assets, reduce estate taxes, and provide for their spouse's lifetime needs. By creating an irrevocable trust that benefits the other spouse, couples can keep trust assets out of their estate while retaining some control over the assets.
Key Points
SLATs allow one spouse to create an irrevocable trust that benefits the other spouse while keeping the trust assets out of their estate.
The main benefits of a SLAT include reducing estate taxes, protecting assets, and providing for the spouse's lifetime needs.
Risks associated with a SLAT include the loss of control over the assets, potential tax implications, and the need for careful planning and drafting.
A SLAT can be funded with various assets, including cash, securities, and real estate.
Benefits of Spousal Lifetime Access Trusts
One of the primary advantages of a SLAT is its ability to reduce estate taxes. By transferring assets into the trust, the spouse creating the trust effectively removes those assets from their taxable estate. This can result in significant tax savings, especially for high-net-worth couples whose estates may be subject to substantial estate taxes.
In addition to reducing estate taxes, SLATs also offer asset protection benefits. Once assets are transferred into the trust, they are generally shielded from creditors and potential lawsuits. This can provide peace of mind for couples concerned about protecting their wealth from external threats.
Risks and Considerations
While SLATs offer numerous benefits, there are also some risks and considerations to keep in mind. One of the main risks is the loss of control over the assets once they are transferred into the trust. Since the trust is irrevocable, the spouse creating the trust relinquishes direct control over the assets. This can lead to conflicts if the spouses have differing opinions on how the trust assets should be managed or distributed.
Another consideration is the complexity of trust administration. SLATs require careful planning and drafting to ensure that they operate as intended and comply with legal standards. This can be time-consuming and may require the assistance of experienced professionals, such as attorneys and financial advisors.
Funding and Retained Powers
A SLAT can be funded with a variety of assets, including cash, securities, and real estate. The retained power section of a SLAT is crucial for ensuring the trust's compliance with legal standards. This section allows the spouse creating the trust to retain some control over the trust assets, such as the ability to make changes to the trust terms or add or remove beneficiaries.
About the Author
Author: Darol Tuttle
Darol Tuttle is a seasoned asset protection attorney. Since 1996, his practice has emphasized estate planning, asset protection, and long-term care planning. He is also the host of the BoomX Show podcast, founder of BoomX Academy, and CEO and Founder of LegalEdge Innovators, Inc. The academy is based on the principle of fair access to justice. Its mission is to help families grow and protect their wealth by eliminating the barriers of exorbitant fees, long workflows, or inferior basic legal forms that have limited value.
Validated Points
Key Point from Source 1: This article provides additional information on the benefits and risks of a SLAT, including the importance of careful planning and drafting.
Key Point from Source 2: This article discusses the funding options for a SLAT, including the use of cash, securities, and real estate.",
"slug": "slat-benefits-risks-6-5-2024"
}