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My husband wants to create an AB trust so he can leave some of the money to our 4 grandchildren. I don’t know how much he intends to leave. What is the most he can leave to them? I assume he doesn’t intend to cut me out. I don’t think he can anyway, legally, can he?
Asked on May 24, 2009 under Estate Planning, California
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The question isn't so much how much he can put into the trust, it's what the tax consequences would be, and that is something that you would have to ask a tax attorney or a CPA -- and there is no guarantee at all that the tax laws won't change between now and your husband's death.
The first thing I think you might want to do is ask your husband, straight out, what he has in mind. If that's not something you are comfortable with, for whatever reason, I think you have a problem, and you might want to talk to a divorce lawyer, without his knowledge and to at least get a clear picture of what your rights are, before he has a chance to do anything like that. One place to find qualified counsel is our website, http://attorneypages.com
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