Discern whether a bypass trust is wise

February 5, 2010

Bypass trusts are addressed

A: The purpose of establishing a bypass trust upon the death of the first spouse is to fully use available estate-tax credits and ultimately avoid taxes upon the second death. Current rules, however, limit the surviving spouse's access to the monies. When determining whether a bypass trust is appropriate for your situation, you should evaluate the limitations to determine whether the tax savings warrant the inherent restrictions required by this type of trust.