Because of the cost and sometimes complicated nature of a revocable living trust, some clients find it preferable to create a testamentary trust, particularly if he or she has minor children. A testamentary trust is a trust created under a will. As such, because wills generally go to probate, the will would need to be…
Legal Articles
Marital Deduction Trust and Will
A decedent’s estate receives a tax deduction for amounts passing to a surviving spouse. Such deductions are used to defer estate taxes and transfer taxes that would otherwise be due on the death of the first spouse to die until the time of death of the surviving spouse. To qualify for the tax deduction, strict…