Tag Archives: deceased spousal unused exclusion

Has Portability Rendered The Bypass Trust Extinct?

Portability allows a surviving spouse to use the “deceased spousal unused exclusion” amount (“DSUE”) of their spouse. This used to be accomplished by use of a “bypass trust”, otherwise known as a “credit shelter trust”, which is now no longer needed for that purpose, in most cases. However, it serves other purposes which should be considered: it can protect the deceased spouses expectations in the case of children of a prior marriage, remarriage of the surviving spouse, and protection from the surviving spouse’s debts. Continue reading

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