SLAT Estate Planning Benefits & Considerations

Spousal Lifetime Access Trust Definition And More

By Mark Kassens

In the ever-evolving world of estate planning, one tool gaining traction is the Spousal Lifetime Access Trust (SLAT). This irrevocable trust, established by one spouse for the benefit of the other, offers a unique blend of asset protection, tax advantages, and controlled inheritance. But navigating the nuances of a SLAT estate planning can be tricky. So, let’s demystify this powerful tool and explore its potential benefits for you and your loved ones.

Spousal Lifetime Access Trust (SLAT)

SLAT Trust Definition

At its heart, a Spousal Lifetime Access Trust involves transferring assets (cash, investments, property) from one spouse, the grantor, to a trust for the benefit of the other spouse, the beneficiary. This transfer utilizes a portion of the grantor’s lifetime gift tax exemption, sheltering those assets from future estate taxes. However, the key element lies in the “lifetime access” aspect. The beneficiary spouse retains significant control over the trust’s income and principal, often enjoying distributions similar to a traditional marital trust.

The Benefits of a Spousal Lifetime Access Trust :

The advantages of a SLAT are multifaceted:

  • Estate Tax Freeze: By transferring appreciating assets to the trust, you effectively freeze their value at the time of transfer. This shields them from potential future estate tax increases, leaving more wealth for your beneficiaries.
  • Efficient Use of Lifetime Exemptions: The current federal lifetime gift tax exemption is a generous $13.61 million per individual (as of 2024). Utilizing a SLAT allows you to leverage a portion of this exemption for assets destined for your spouse before the lifetime exemption resets with the expiration of the Tax Cut and Jobs Act provisions on December 31, 2025.
  • Controlled Inheritance: While the beneficiary spouse enjoys access to the trust, you can tailor the terms to dictate the timing and distribution of the principal after their passing. This offers greater control over how your ultimate beneficiaries inherit the assets.
  • Flexibility and Customization: Unlike some rigid estate planning tools, SLATs can be customized to your specific needs. You can define income distribution schedules, designate contingent beneficiaries, and even include provisions for triggering events like divorce or illness.

Considerations and Cautions:

Like any powerful tool, Spousal Lifetime Access Trust come with considerations:

  • Irrevocable Nature: Once established and funded, a SLAT is irrevocable. This means you relinquish control over the transferred assets, making it crucial to carefully assess your future needs before setting one up.
  • Tax Implications: While the trust itself is “grantor trust” for income tax purposes, meaning you remain liable for the income generated, careful planning with your financial advisor can minimize the overall tax impact.
  • Professional Guidance: The intricate legal and tax regulations surrounding SLATs necessitate seeking expert advice from qualified estate planning attorneys and tax professionals.

Is a SLAT Right for You?

The suitability of a SLAT depends on your individual circumstances, financial goals, and risk tolerance. Consulting with qualified professionals will help you determine if a SLAT aligns with your overall estate plan and complements your existing financial strategies.

Ultimately, Spousal Lifetime Access Trust offer a valuable tool for couples seeking to optimize their estate plans, protect future assets, and ensure their loved ones inherit a secure financial future. By understanding the benefits and considerations, you can make informed decisions about whether this strategic trust deserves a place in your legacy planning.

DISCLAIMER: This article provides a general overview of SLATs. It is not intended as a substitute for professional financial or legal advice. Always consult with qualified professionals to ensure your gifting strategy aligns with your specific circumstances and goals.


SLATs For Dealership Owners

Spousal Lifetime Access Trust (SLAT) represent a powerful solution for auto dealership decision-makers aiming to fortify their estate plans and safeguard their legacy. By capitalizing on the advantageous features of SLATs, you can solidify your financial future and ensure your beneficiaries receive a secure inheritance. Ultimately, by weighing the benefits against the considerations and aligning the strategy with your unique financial objectives, you can confidently navigate the terrain of legacy planning with the assurance that your assets are strategically protected and poised for future growth.

Check out this in-depth look at spousal lifetime access trusts.

Questions?

Estate, Trust, and Succession Planning Services

Mark’s background in tax enables him to provide extensive services to the firm’s clients in the areas of estate and retirement planning, and business succession consulting.


Mark Kassens, CPA

mkassens@bradyware.com

765.966.0531


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