Legal Question in Wills and Trusts in Maryland

Re: Disclaimer Trusts

A "disclaimer" trust is a kind of credit shelter

trust which is funded with property which is

disclaimed in the estate of the first spouse to

die, i.e. the will provides that any assets which

are disclaimed (the estate residue) pass to the

credit shelter trust. This is one way that the

surviving spouse can do "post-mortem" estate

planning by deciding which assets are to be

placed into the credit shelter trust by

disclaiming as to those assets. This type of

arrangement is not suitable for everyone but

it is very beneficial if it is right for you.

If you need any assistance with your planning,

please call us for a no-obligation consultation.

We concentrate our practice in the area of

estate planning and other financial transactions.

Re: Disclaimer Trusts

A Disclaimer Trust can be used as an effective estate planning vehicle by the surviving spouse under MD law. Assets of the decedent are disclaimed by the surviving spouse and pass via a properly drawn residuary clause in a will into a trust that is similar to a credit shelter trust. There are a number of issues under MD law that need to be carefully considered and dealt with concerning the structuring and administration of the Estate Plan and the use of a Disclaimer Trust. An experienced probate/estate planning attorney should be able to handle this under MD law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the state of MD. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 3-27-2002, 9:30 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.