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Bypass Trust

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Bypass trust
An irrevocable trust that is designed to pay trust income (and principal, if needed) to an individual's spouse for the duration of the spouse's lifetime. The bypass trust is not part of the beneficiary spouse's estate and is not subject to federal estate taxes upon his/her death.

Bypass Trust
An irrevocable trust into which the trustor deposits funds and other assets to provide for a surviving spouse. In a bypass trust, the trustor names his/her surviving spouse as beneficiary and provides that the income and/or principal from the trust shall pass to that spouse upon the trustor's death. A bypass trust is common when a person wishes to avoid estate taxes on assets passing to the spouse. See also: Q-TIP.


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ALLOCATION IN LIVING TRUSTS AT THE FIRST DEATH The following are a few common examples of transfers in trust that have GSTT implications: First, consider a married couple with an AB trust, that is, one that creates only a bypass trust and a survivor's trust (see Exhibit I).
estate tax stuff like bypass trusts and qualified terminable interest property trust provisions.
tax bypass trust In a tax bypass trust, one spouse will put assets in a trust for the benefit of the surviving spouse up to the limit of his federal estate tax exemption, which is $2 million.
 
 
 
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