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Loophole

Spousal Lifetime Access Trust (SLAT) — Use Exemption Now, Keep Access

Each spouse funds a SLAT for the other before the 2026 exemption sunset — locks in $13.99M each, retains indirect access.

Overview

A Spousal Lifetime Access Trust is an irrevocable trust one spouse (grantor) funds for the benefit of the other spouse (and often descendants). Grantor uses their lifetime gift exemption ($13.99M in 2025) to fund; assets grow outside both estates. Beneficiary spouse can receive discretionary distributions, giving the family indirect access. To avoid reciprocal-trust doctrine, spouses' SLATs must differ in terms (trustee, powers, timing, beneficiaries). Post-Dec 31 2025 the exemption is scheduled to halve — use-it-or-lose-it window.

Best fit
Married couples with $10M+ net worthPre-2026 exemption sunset plannersBusiness owners pre-liquidity event
Estimated impact
Shelter up to $27.98M per couple from 40% estate tax → $11M+ preserved

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