[WSBAPT] credit shelter trusts

[Josh Grant]

This is a follow up to a recent thread about credit shelter trusts and
disclaimer trusts.  
Assuming (as several listmates did) that a credit shelter trust is
valueable, I am  wondering what  language to use in a case where the
client's estate is inching towards the federal exemption in value, but it
might be that the state exemption is all that is needed.
 
One idea would be to say:
 

"Credit Shelter Trust

 

            A.        If my wife survives me by thirty (30) days, I devise
and bequeath to my trustee, SPOUSE, in trust, assets of my estate having a
total value (as finally determined for estate tax purposes) equal to the
largest dollar amount which can pass free of state or federal estate
taxes.  "
 
Or one could say "free of state and/or federal estate taxes"
 
But i have thought that the IRS could argue, "we can't tell which amount
was bequeathed".
 
Anyone have better language to suggest?
 
Joshua F. Grant
Attorney at Law
P.O. Box 619
Wilbur, WA 99185
 
t 509 647 5578
f 509 647 2734

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