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Trusts & Estates Law/Trust Allocation After One TTEE Passes


My wife and I have a living trust, revocable We are both the only trustees, but there are successor trustees named.
When the first one of us dies, how are the trust assets allocated for state and/or federal estate tax purposes? I would hope that the division will be 50-50, that is, one half the total is considered for tax purposes to have been the property of the one who died, but I am asking whether my assumption is correct? I understand that had the assets been owned jointly, what I assumed above would be the case, but is a trust handled the same way, for estate tax purposes? Thank you.

Hello Frank,

I haven't seen your trust so I can't say for sure.  Generally as in 99% of the time if one spouse dies the other gets the deceased's portion.  There are taxes between spouses.  For future reference a living trust has no tax consequences that are any different from just owning property.  The only except would be if one spouse left money to a non-spouse.  

Does that help?


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David Disraeli


I can answer general questions about estate planning and trusts. I can also answer questions about estate tax reduction and advanced charitable giving, family partnerships and asset protection. I may have already answered your question here: or here


I have worked for 24 years with clients and their attorneys to formulate estate plans to meet client goals. I have found many mistakes made by client attorneys and were able to have them corrected. I focus on making sure that beneficiaries are protected from current or future spouses and lawsuits so the wealth stays in the family. I have also published a book on Aging Parents which can be found on Amazon

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