Setting Up a SLAT: A Strategic Move for Wealth Protection and Tax Savings

By JASON GRAY

Pinnacle Law PLLC

    High-net-worth individuals are continually looking for ways to protect their wealth and ensure its smooth transfer to future generations. One increasingly popular tool is the Spousal Lifetime Access Trust (SLAT).  This irrevocable trust offers several advantages for couples who want to reduce their estate tax burden while still retaining some flexibility for the benefit of their spouse.

What is a SLAT?

    A SLAT is an irrevocable trust created by one spouse (the “grantor”) for the benefit of the other spouse (the “beneficiary”). The trust holds assets that are no longer considered part of the grantor’s estate, thus minimizing future estate taxes. Despite this, the beneficiary spouse can still receive distributions from the trust during their lifetime. SLATs are primarily used by couples who anticipate significant estate tax liabilities and are seeking to protect their wealth while making it accessible to their spouse if needed.

Significant Estate Tax Reduction: With the federal estate tax exemption currently at $13.61 million per person (2024), many couples are considering how to take advantage of this high threshold before it sunsets on January 1, 2026. A SLAT helps remove appreciating assets from the grantor’s estate, preventing future tax liabilities on those assets. By transferring assets into a SLAT now, couples can lock in today’s exemption rates and reduce the taxable value of their estates.

Continued Access to Wealth: One of the primary concerns when transferring wealth is the potential loss of access to funds. However, with a SLAT, the grantor’s spouse can still receive distributions, offering indirect access to the trust’s resources. This provides a level of financial security for both spouses, knowing that assets are accessible to one spouse during their lifetime.

Wealth Preservation for Future Generations: By moving assets into a SLAT, grantors ensure that these funds will be passed down to heirs (such as children or grandchildren) in a tax-efficient manner. The assets in the trust grow outside of the taxable estate, allowing for tax-free appreciation over time. This not only maximizes the wealth transferred to future generations but also shields it from estate taxes.

Asset Protection: Since a SLAT is an irrevocable trust, the assets placed within it are protected from creditors. This provides a layer of financial protection for the beneficiary spouse and future generations, safeguarding the trust’s assets against potential legal claims or financial hardship.

Considerations Before Setting Up a SLAT: While SLATs offer many benefits, they are not without limitations. Once assets are transferred to the trust, the grantor relinquishes control over them. Additionally, the trust is irrevocable, meaning it cannot be modified or dissolved once created. Careful planning and professional guidance are essential to ensure the trust meets the couple’s long-term financial and estate planning goals.

Jason Gray is the owner of Pinnacle Estate Planning. To schedule a free consultation in Spokane, Coeur d’Alene, or Sandpoint please call (208) 449-1213 or (509) 505-0665. www.LawPinnacle.com

*This article is for informational purposes only and should not be construed as legal or financial advice.

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