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The Pros & Cons of a Bypass Trust

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    Part of the video series: Estate Planning

    From Quick Guide: Inheritance Protection 101

    Summary: In estate planning the pros of a bypass trust are two tax exemptions; the con is cost. Learn the pros and cons of a bypass trust from an estate planning and probate lawyer in this free video on estate law.

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    By Brad Wiewel
    eHow Presenter

    Brad Wiewel is board certified in estate planning and probate by the Texas Board of Legal Specialization and has been practicing law since 1978. His firm, The Wiewel Law Firm, is...read more

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    Video Transcript

    "So why wouldn't you make every living trust or every will, a bypass trust will or a bypass trust living trust. And the reason is well first it cost money. And in a bypass trust or a will or living trust, can add a number of thousands of dollars to the cost of that particular document. So a lot of people frankly just don't want to spend the money. But a lot of people also don't need a bypass trust, in fact the vast majority of people probably don't need a bypass trust. Because you don't need a bypass trust unless the size of your estate is more then at least one of the estate tax exemptions. Estate tax exemptions in two thousand eleven is set to be a million dollars. Well if the estate of the married couple is less then a million dollars, you probably don't need a bypass trust because they are not going to be subject to estate taxes in any situation. You can use a bypass trust even if you have less then that amount and you are really concerned about remarriage. If you are concerned that your spouse passing away, you remarry or you are worried about you die and your spouse remarries, having a bypass trust in place allows you to make sure that the deceased portion of the estate is available to the survivor, but not available to your replacement. You can, we use the term in our office, we can bimbo and gigolo proof an estate with the use of a bypass trust. We can make sure that the new spouse doesn't get any of the deceased money and what's left of the deceased money when the survivor passes away goes to the first to dies family the way they want to, not to a bimbo or gigolo."

    eHow Article: The Pros & Cons of a Bypass Trust

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