If you created an estate plan with your spouse more than a decade ago, chances are it includes an AB trust. For years, this type of structure was a go-to strategy for married couples aiming to reduce federal estate taxes. But estate tax laws have changed dramatically, especially with the introduction of portability in 2011. As a business owner in Nevada, it may be time to evaluate whether your AB trust still supports your long-term financial and family goals.
AB trusts helped families preserve wealth under an outdated tax regime. Today, they can introduce complications you may not need. Reviewing your current plan with experienced legal counsel ensures that your estate strategy reflects both modern tax law and your present-day circumstances.
Before 2011, the federal estate tax exemption was not transferable between spouses. If you didn’t use your exemption when the first spouse passed, it was gone forever. The AB trust structure offered a workaround. Upon the death of the first spouse, their assets would be divided: Trust A (or the survivor’s trust) would hold the surviving spouse’s share, and Trust B (often called the bypass or credit shelter trust) would hold the deceased spouse’s assets.
This ensured both estate tax exemptions were utilized and assets held in Trust B wouldn’t be subject to estate tax upon the death of the surviving spouse. These arrangements were effective, especially when the exemption amount was lower and the tax risk was higher.
The landscape changed in 2011. The IRS introduced portability, which allows a surviving spouse to inherit the unused portion of their spouse’s federal estate tax exemption. Today, as long as a timely estate tax return is filed, a surviving spouse can combine their own exemption with their deceased spouse’s unused exemption.
In 2025, each individual has an estate tax exemption of $13.99 million. That means a married couple could potentially shield nearly $28 million without needing an AB trust. For many families in Nevada, especially those with estates under this threshold, that changes the planning equation entirely.
Retaining an outdated AB trust could result in unintended consequences. One of the most significant is the loss of a second step-up in basis on assets in Trust B. This means your beneficiaries may face large capital gains taxes down the road.
For example, let’s say your spouse dies and the assets in Trust B are valued based on that date of death. If you live another 15 years and the value of those assets increases significantly, your beneficiaries won’t get a new basis adjustment. This lack of a second step-up could create a substantial tax bill when they sell inherited property.
By contrast, assets passed outright or through a revocable living trust typically receive a full step-up in basis at each spouse’s death. That can help your heirs avoid capital gains tax and preserve more of your estate.
Despite the tax changes, there are still situations where an AB trust structure remains useful. If you have a blended family, you might want to ensure certain assets go directly to children from a prior marriage. An AB trust can help make that happen while still providing income and support to your surviving spouse.
These trusts can also offer protection from creditors, especially in cases where one spouse has legal or financial risk. For families looking to control exactly how and when beneficiaries receive inheritances, AB trusts provide a clear structure and rules for distribution.
As a business owner, you understand the importance of adapting to changing environments. Estate law is no different. Tax exemptions, legal frameworks, and family needs evolve. If your current estate plan was drafted more than ten years ago, it may not align with today’s realities.
A modern approach to Nevada estate planning means balancing asset protection, tax efficiency, and family harmony. That might mean keeping parts of your AB trust structure—but modifying the language, funding instructions, or distribution plan. Or it might mean removing it entirely in favor of more flexible, tax-smart solutions.
Meeting with an estate planning attorney helps clarify whether your AB trust continues to serve its original purpose. During the review, you can explore questions like:
Each estate is different. A customized review ensures that your plan works not only for tax reasons but also for the people and goals you care about most.
One of the most common issues with old AB trusts is failing to file the estate tax return that enables portability. Without this step, the surviving spouse loses the ability to use their partner’s unused exemption. Even if your estate is well below the threshold, filing this return is a smart long-term strategy.
Another pitfall is assuming that because your estate plan exists, it doesn’t need review. Over time, laws change, asset values fluctuate, and family dynamics shift. These factors all impact how well your plan functions when it’s most needed.
AB trust structures are not inherently flawed. For some, they continue to offer important benefits. The key is making sure the trust works under today’s law, not just yesterday’s.
With the right guidance, you can update or rework your plan to maintain protections while avoiding unnecessary complexity. For Nevada families and business owners, these updates can preserve wealth and provide clarity across generations.
If your estate plan is more than a few years old, or if it was created before 2011, now is the right time to revisit it. Whether you decide to eliminate, modify, or keep your AB trust, make the decision based on the current legal landscape and your personal objectives.
Working with a team that understands the nuances of Nevada estate planning can help you make informed, strategic updates. Reach out to Anderson, Dorn & Rader Ltd. in Reno to schedule a consultation and ensure your plan reflects today’s best practices.
