Marital Trusts Attorney in Chandler, Arizona

Marital trusts are among the most valuable estate planning tools available to married couples. They provide unique benefits that ensure your assets are managed, preserved, and smoothly transferred to your spouse or other beneficiaries in the future.  

At Robert J. Weber, P.C., I help couples understand and establish marital trusts in Arizona. Whether you’re looking to maximize tax benefits, solidify your spouse’s financial stability, or establish a more comprehensive estate plan, I have the legal experience and knowledge to help you make informed decisions. Located in Chandler, Arizona, my firm also serves clients in the East Valley, Phoenix, Mesa, Gilbert, Tempe, and Pinal County.

What is a Marital Trust?

A marital trust is created as part of an estate plan that benefits a surviving spouse. Typically established by one partner in a marriage, a marital trust ensures the other spouse is financially supported after their passing. The trust can also provide flexibility to leave assets to designated beneficiaries, such as children or other heirs, upon the surviving spouse's death.  

Often used with other estate planning tools, such as family trusts or irrevocable life insurance trusts, marital trusts can reduce or eliminate estate taxes and protect assets for future generations.  

Types of Marital Trusts

• Qualified Terminable Interest Property (QTIP) Trust: A QTIP trust allows a decedent to provide the surviving spouse with income from the trust for the remainder of the spouse’s life. Upon the surviving spouse’s passing, the remaining assets in the trust are passed on to designated beneficiaries, such as children. This type of trust is particularly beneficial for blended families, where the goal is to provide financial support for a spouse while maintaining control over asset distribution.  

• A/B Trust (or Marital and Family Trust Arrangement): An A/B Trust is an estate planning structure where a married couple’s assets are placed into two separate trusts upon the death of one spouse. One trust, the "A" or marital trust, benefits the surviving spouse, while the "B" or bypass trust holds assets for other beneficiaries. This arrangement maximizes estate tax benefits by leveraging exemptions available to both spouses.  

• Power of Appointment Trust: This type of marital trust gives the surviving spouse general power of appointment over the trust’s assets, allowing them to use or distribute the assets as they see fit during their lifetime. Upon their passing, any remaining assets will pass to predetermined beneficiaries.  

Benefits of Establishing a Marital Trust

Marital trusts offer a wide range of benefits that make them a popular choice among couples looking to secure their financial futures and the well-being of their loved ones.  

Estate Tax Advantages  

Marital trusts can reduce or avoid estate taxes by taking advantage of the unlimited marital deduction. This provision allows assets to be transferred tax-free between spouses, deferring estate taxes until the surviving spouse’s passing. This preserves your wealth for your chosen beneficiaries and allows families to maximize their inheritance while reducing the overall tax burden. 

Asset Preservation  

A marital trust can safeguard wealth from risks such as mismanagement, divorce settlements involving heirs, or external financial claims. It ensures that the assets remain intact and are utilized solely for the intended purposes, providing long-term stability and financial protection for future generations. Additionally, the trust can adapt to changing circumstances, allowing for efficient management of the estate while upholding your original intentions. 

Control Over Asset Distribution  

A marital trust lets you determine how your assets should be distributed, providing flexibility in balancing the needs of your spouse with those of future beneficiaries. This is particularly beneficial in complicated family situations like blended families or high-net-worth estates.  

Professional Asset Management  

A designated professional trustee, such as a bank, financial institution, or fiduciary advisor, can ensure your marital trust is properly managed and invested. This will relieve your surviving spouse of the burden of making financial decisions during a challenging time.  

Drafting and Managing a Marital Trust

Creating a marital trust requires thoughtful planning and in-depth knowledge of Arizona’s estate laws. Without legal advice, you might miss valuable opportunities to maximize tax savings or align the trust with your broader estate planning goals.  

As an experienced marital trusts attorney, I can help you draft a marital trust that meets your needs and goals while complying with legal requirements. My mission is to simplify this process for you. I will work closely with you to understand your financial situation, personal goals, and needs.  

From choosing the appropriate type of marital trust to complying with legal requirements, my customized approach seeks to give you peace of mind for the future.  

Why Choose Robert J. Weber, P.C.? 

When you work with me, you can expect dedicated, personalized legal counsel tailored to your circumstances. My experience in estate planning law and deep familiarity with marital trusts let me deliver reliable guidance every step of the way. 

I recognize the personal nature of estate planning and take pride in offering compassionate, client-focused services. Your priorities and concerns will always remain at the center of my approach.  

Contact me today to schedule a consultation to discuss the benefits of marital trusts and design a customized estate plan that reflects your values and wishes. Whether you are planning for the future or need assistance with an immediate estate concern, Robert J. Weber, P.C., is here to help.