|Posted on August 24, 2012 at 5:39 PM|
Many practitioners are unaware of the use of bypass trusts for married couples for purposes other than estate tax avoidance. A well-crafted bypass trust is able to avoid depletion of the decedent's estate by the surviving spouse in a number of instances. Among those are nursing home expenses and spenddown. A surviving spouse's liability for tort or contract cannot affect the bypass trust of the decedent. This technique is not limited to use by the very wealthy---it protects estates for any citizens who wish to assure that their heirs receive their inheritance, rather than having the funds spent on government reimbursement for services, or on judgment creditors.
Categories: Use of Trusts