exemption trust

Assets can be valued on date of death or 6 months later, it's ALL or nome, you cannot pick and choose.

Well, that simply shouldn't happen. If it does, that $180K is subject to estate taxes. The point of the trust is to protect the exemption amount in effect at the time of death, so my trust is worded accordingly, to avoid having to re-create a new trust every time the law changes. For those who feel like they came in to the middle of a movie - One use of a trust is so, upon the death of the first spouse, the exemption amount (now $2M) is not lost by leaving it via unlimited marital exemption to the surviving spouse upon whose death, that original sum would otherwise be taxed. Say an estate is worth $4M. A couple can die and leave $2 each to the kids, or whomever. But if one dies, leaving it all to the surviving spouse, there's now a $4M estate with only a $2M exemption. The trust helps preserve that first $2M.

If the trust is set up properly, the exact exemption amount will go to the trust, not a penny more, not a penny less.

Joe

Normally the date of death. You can elect to have all assets valued as of the "alternate valuation date," which is six months later. As Joe said, all or none.

By exemption trust I assume you mean the marital deduction (bypass) trust. The law allows an unlimited marital deduction. So it doesn't matter how much is in there - whatever it is will be exempt from tax on the death of the first spouse to die.

But putting all property in there is notmally not the best idea. Most exemption trusts allow an election to apply the marital deduction to some but not all of the property in the trust. Depending on the size of the estate and other factors, a larger or a smaller amount may be more beneficial. Check with your tax professional to determine the amount that should be included in the marital deduction.

Depends on what the trust says. But normally the trust will provide a process (either by calculation or by election or both) for reducing the amount that applies to the marital deduction.

Remember, though, that if this is a marital deduction "Q-TIP" election, it has to be exercised when the estate tax return is originally filed.

Stu

Electing the alternative valuation date is only an option if two criteria are met. The total value of the taxable estate must be lower on the alternative date and the estate tax must be lower.