What’s the benefit of a marital/bypass trust to avoid estate tax? Why not just use the portability of the deceased spouse? Wouldn’t this avoid locking assets into a trust and trustee other than the spouse, and accomplish the same goal?

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Portability doesn’t apply to GST tax, so if your client has wealth they want to preserve for multiple generations portability by itself is insufficient to achieve this goal.

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Thank you for the reply. Makes perfect sense.

Also, some state estate tax exemptions are not portable. What state are you in and what is your estate tax exemption amount?

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And don't forget, you can use a trust to lock in contingent beneficiaries. This can be very valuable, especially with blended families.

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Also, only the DSUE of the most recent pre deceased spouse may be used…

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