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A fiduciary relationship between a trustor and trustee for the benefit of a surviving spouse and the married couple's heirs. Also called an A trust, a marital trust goes into effect when the first spouse dies. Assets are moved into the trust upon death and the income generated by the assets goes to the surviving spouse. Under some arrangements, the surviving spouse can also receive principal payments.
A marital trust (also called an A trust) is usually funded at your death with any amount in excess of a person's available federal estate tax exemption amount and would be eligible for the unlimited marital deduction.* To qualify for the marital deduction, only the surviving spouse can be the beneficiary of the trust and must have the right to ...