AB trust

UPDATED: May 24, 2009

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AB trust

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 13 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

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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