A lot of new clients tell us that they are interested in putting their assets in trust in order to shield those assets from taxes and creditors . Many of those clients are talking about revocable living trusts. We have to break it to those clients that, unfortunately, neither the IRS nor the U.S. court system are going to allow you to avoid your debts and liabilities by placing your assets into a trust that you control and have the right to revoke or amend at any time. Frankly, you wouldn't want to live in a society in which that would be allowed. Imagine being hit by someone's car and being told that the person driving that car can't compensate you for your damages or medical bills because everything they have is in a trust -- one that they control. You might think that is unfair.

But what if you could get your assets out of your name, minimize taxes, and protect yourself from lawsuits by putting your assets under the control of someone who has the same priorities, goals, and interests as you? Your spouse, for example. Enter the Spousal Lifetime Access Trust (also known as a SLAT).

How does a sLAT work?

1. you are choosing this person and it can be someone to whom you have a close relationship (just not someone to whom the beneficiaries of the trust are closely related, like their siblings, parents, spouses, or kids);
2. you can reserve the right to replace the trustee;
3. you are the one creating the instructions for the trustee as to how and when he or she distributes money from the trust; and
4. the trustee has a fiduciary obligation to protect and use the assets for the beneficiaries' interests.

Common questions about SLATs

1. Why not just retitle my assets to my spouse instead of setting up this complicated trust structure that I can't undo?
   Giving assets to your spouse does not necessarily avoid the estate tax problem if you have one. Unlike direct transfers to a spouse, SLATs are specifically set up so that when you transfer assets into them, the transfer counts as a gift and uses up some of your gifting exemption. Transferring your assets to a trust for your spouse's benefit instead of to your spouse gets the assets out of your estate and allows future growth to occur without increasing the size of your estate and your estate tax problem. It also creates asset protection because the assets are no longer in the name of a person who can get sued.
   
   
2. What if my spouse and I get divorced?
   It's certainly not ideal! But you can define the "spouse" to be the person to whom you are currently married so that if the identity of that person changes, the recipient of the trust's distributions does as well. You can also draft it so that your children can continue to access the funds. Of course, your children may not be as willing to share funds they receive from the trust as your spouse would have been. Even if they are, there could be gift tax considerations for transfers from kids back to a parent.
   
   
3. What if my spouse dies before I do? Can I get the trust assets back?
   Sorry, but no. As explained above, to get the tax and asset protection benefits from this kind of trust, it has to be irrevocable. But again, you can specify who becomes the beneficiary of the trust at your spouse's death, and can set up the trust so that it could be used to cover expenses for your kids that you might have covered, such as helping them with their educations, weddings, or housing.
   
   
4. Can my spouse and I create SLATs for each other?
   It's possible, but it has to be done with extreme care. The IRS looks with suspicion on people creating identical trusts for each other (Google " the reciprocal trust doctrine "). Allowing married couples to create the same trust for each other would create a massive loophole to the various rules requiring you to give up control as both spouses would continue to have control over all their combined assets. But there are some tweaks you can make to one trust or the other to make them different enough to avoid this problem while still accomplishing the same general purpose.
   
   
5. What is the ongoing maintenance and cost of having a SLAT?
   You will have to file a gift tax return when transferring assets into the trust, and then going forward, the trust will have its own income tax return for any income earned by assets inside the trust.
   
   In addition to those expenses, your trustee might expect to get paid, Professional trustees likely will charge several thousand dollars a year for this service. That may sound like a lot, but compared to the potential tax savings, which can, in many cases, get into six figures, it is often worth it. And don't underestimate the liability associated with being a trustee.
   
   Finally, given the constantly changing tax and asset protection laws, it would be advisable with your attorney on a regular basis to review the trust and ensure that it is continuing to be in compliance with the various regulations and rules.
   
   

Who are sLATs best for?

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