The purpose of an A-B trust arrangement (also called a «marital and bypass trust combination») is to enable both spouses to use the applicable
estate tax exemption upon their deaths, which shelters more assets from federal estate taxes.
The marital deduction law allows married couples to transfer an unlimited amount to their spouse without an
estate tax hit; however,
upon the death of a spouse, the surviving spouse does not get this privilege (unless they remarry) and if his / her
estate exceeds the federal and state
estate tax exemption then it will be
taxed upon their death.
Article IV of chapter 1 of Part the Second of the Constitution is hereby amended by inserting after the words «and to impose and levy proportional and reasonable assessments, rates and
taxes,
upon all the inhabitants of, and persons resident, and
estates lying, within said Commonwealth» the words: -, except that, in addition to the powers conferred under Articles XLI and XCIX of the Amendments, the general court may classify real property according to its use in no more than four classes and to assess, rate and
tax such property differently in the classes so established, but proportionately in the same class, and except that reasonable
exemptions may be granted.
Upon the first death the entire
estate is passed to the surviving spouse
estate tax free along with the
exemption from the deceased spouse (currently $ 5 million).