Bypass Trust

Definition: An irrevocable trust created upon the death of the first spouse that holds assets up to the federal estate tax exemption amount, preserving the deceased spouse's exemption while allowing the surviving spouse to benefit from the trust assets during their lifetime.

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Bypass Trusts in Florida

A bypass trust (credit shelter trust) preserves a deceased spouse's federal estate tax exemption by holding assets in an irrevocable trust that provides for the surviving spouse while excluding the assets from their taxable estate.

Structure

Upon the first spouse's death, assets up to the exemption amount fund the bypass trust. The surviving spouse receives income and limited principal distributions (health, education, maintenance, support). Upon the surviving spouse's death, remaining assets pass to designated beneficiaries (typically children) without additional estate tax.

Modern Relevance

Since portability (2011), bypass trusts are less essential for pure estate tax planning. However, they remain valuable for asset protection (shielding trust assets from the surviving spouse's creditors), ensuring assets reach the first spouse's intended beneficiaries in blended families, and generation-skipping transfer tax planning.

Related Terms

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Barnes Walker designs trust-based estate plans for Florida families. Contact us for estate planning guidance.

Florida Law Reference

Fla. Stat. Ch. 736 (Florida Trust Code)

The Florida Trust Code governs the creation, modification, and administration of trusts, including trustee duties, beneficiary rights, and trust termination.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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