Paralegal Advanced Competency Exam (PACE) Practice Exam

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A bypass trust is primarily designed to achieve what goal?

  1. To save on legal fees after a spouse's death

  2. To avoid a first tax when the first spouse dies

  3. To circumvent taxes upon the death of a second spouse

  4. To protect assets from creditors

The correct answer is: To circumvent taxes upon the death of a second spouse

A bypass trust is primarily designed to help avoid estate taxes upon the death of the surviving spouse, thus preserving the value of the estate for the beneficiaries. Established as part of a couple's estate planning, it allows for a portion of the deceased spouse's estate to pass into the trust, which is then not included in the surviving spouse's estate when they pass away. This mechanism helps to minimize or eliminate federal estate taxes triggered by the accumulation of wealth after the death of the first spouse. While options that mention saving on legal fees, avoiding taxes upon the first spouse's death, or protecting assets from creditors might touch on some aspects of estate planning strategies, they do not specifically capture the primary intent of a bypass trust. The focus is on preserving wealth from taxation when the second spouse dies, directly addressing the financial impact on the estate and ensuring that more value remains intact for the beneficiaries.