Unmarried and Same-Sex Couples. While the portability provisions of the new tax law allow a surviving spouse to use a deceased spouse’s unused estate tax exemption amount, the same federal rules do not apply to unmarried and same-sex couples, regardless of that couples status under state laws granting spousal rights in the event of common law marriage, same-sex marriage or domestic partnership. If you fall into one of these categories and leaving everything to your partner would elevate the value of your partner’s estate above the estate tax exclusion amount, which is currently $5 million, an A/B Trust is a viable way to make sure that your own estate tax exclusion amount is captured while still allowing your partner access to the funds for health, education, maintenance and support.

Escondido estate planning attorney, San Diego Estate Planning, Vista Estate Planning, Temecula Estate Planning, Poway Estate Planning, Valley Center Estate Planning, Pauma Valley Estate Planning, San Marcos Estate planning, San Diego County Estate Planning, Oceanside Estate Planning, Rancho Bernardo Estate Planning, Fallbrook Estate Planning, Estate Attorney, Probate Lawyer, Estate Lawyer, Estate Tax attorney, Wealth Transfer, Beneficiary, Guardian, Probate, Will, Trust, Estate, Executor, Trust Administration, Estate Administration, Fiduciary, Private Fiduciary, Power of Attorney, Trustee, North County Estate Attorney, North County Trust Attorney, Escondido Trust Attorney, Christian Attorney, Christian Estate Planning, Wealth Preservation, Advanced Health Care Directives, Community Property

Rights of survivorship