Spousal trusts can present delicate drafting and advisory issues for estate planners, and recent IRS and Tax Court rulings have amplified those challenges. In 2022 and going forward, preserving the tax and other benefits of spousal trusts, while maintaining the desired flexibility, will require careful drafting.
The below article is a practitioner-directed summary, appearing in Trusts and Estates magazine, of how to properly structure this type of trust.
Trusts and Estates February 2022 Digital Edition
by Louis Harrison and Beth Fox
