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MD HB50

MD HB50
Estates and Trusts - Spousal Lifetime Access Trusts


summary

Introduced
01/08/2025
In Committee
01/08/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Adding to the conditions under which an individual who creates a trust may not be considered the settlor of that trust with regard to the individual's interest in the trust; and providing that a creditor may not attach, exercise, reach, or otherwise compel distribution of certain trust assets.

AI Summary

This bill modifies Maryland law regarding Spousal Lifetime Access Trusts (SLATs), a type of estate planning tool that allows individuals to transfer assets to an irrevocable trust for their spouse's benefit while potentially reducing estate taxes. The bill clarifies and expands provisions about when a trust creator (settlor) can be considered to have retained certain interests in a trust without being fully taxable. Specifically, the bill adds a new provision allowing a trust creator to have a potential future interest in the trust after their spouse's death, through a power of appointment, without being considered the full owner of the trust assets. The bill also protects these trusts from creditor claims, preventing creditors from attaching or reaching trust principal or income under certain circumstances. Additionally, the bill provides a specific definition of "spouse" as the individual to whom the trust creator was married when the trust was created. The legislation will take effect on October 1, 2025, giving individuals and legal professionals time to understand and prepare for the new trust rules.

Committee Categories

Justice

Sponsors (1)

Last Action

Withdrawn by Sponsor (on 02/17/2025)

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