Please ensure Javascript is enabled for purposes of website accessibility

Why Should We Review Our Trust? It’s Only Been Five Years Since We Last Updated It

San Diego residents should review all trusts every 3 to 5 years. Trusts provide extensive protection from the costs and expense of probate, while shielding assets and income from unnecessary taxation. Recent increases in the federal exemptions have given many a false sense of security. “Our estate isn’t worth $10.64 Million,” (the present federal combined exemptions for a husband and wife). Perhaps not, but we have been helping many couples to reconsider the nature of the trust itself, and how it will provide for each spouse and their intended beneficiaries. For years the classic “A-B” trust has been the vehicle of choice for many estate planners. Unfortunately, the vast majority of A-B trusts lock the surviving spouse out of access to a substantial portion of the estate which becomes frozen at the time of the first spouse’s passing. There are additional considerations to be considered as people live longer, and situations change within families. You may wish to reconsider allocation of assets between your beneficiaries based upon the loving attention, support and care provided by those who stick by you through illness, when others are less interested and attentive. The surviving spouse may have 20 or 30 years of life remaining, and there are considerations that need to be reviewed to ensure that the existing beneficiaries are protected, while allowing for the needs and cost of living for the survivor.