Answer:
This is not necessarily true. The traditional marital share will, also known as a "bypass trust" or "credit shelter trust," is a type of estate planning tool that can be used to reduce or eliminate federal estate taxes on a couple's combined estate. Under this type of will, a portion of the decedent's estate is placed in a trust, and the surviving spouse has the right to use the assets in the trust for their benefit during their lifetime. Upon the surviving spouse's death, the assets in the trust are distributed to the trust's beneficiaries, which may include the couple's children or other heirs.
One of the primary benefits of a traditional marital share will is that it allows the surviving spouse to use the assets in the trust without paying federal estate taxes on those assets at the time of the decedent's death. The surviving spouse is also not required to pay federal estate taxes on the assets in the trust at their death, as the assets are not included in their taxable estate. However, the assets in the trust may be subject to state estate or inheritance taxes, depending on the laws of the state where the couple resides.
It is important to note that the traditional marital share will is just one of many estate planning tools that a couple can use to manage their assets and minimize taxes. The best course of action will depend on a variety of factors, including the size of the couple's estate, their tax situation, and their personal goals and objectives. It is recommended that couples consult with an experienced estate planning attorney to determine the most appropriate approach for their situation.