A Practice of Jacobs Counsel LLCServing NY · NJ · OH — Vol. 2026
Legacy Counsel
SLATLegacy Counsel

SLAT Attorney — Spousal Lifetime Access Trusts

Quick answer: A Spousal Lifetime Access Trust (SLAT) is an irrevocable trust one spouse creates for the other (and often descendants).

Key Points

  • Who it is for: married couples with combined net worth approaching or above the federal estate tax exemption, especially in New York
  • What it solves: using the historically high federal exemption (approximately $15M per individual in 2026 under current federal law, subject to change) and removing future appreciation from the taxable estate
  • Beneficiary spouse can receive distributions for health, education, maintenance, and support
  • Must be drafted carefully to avoid the reciprocal trust doctrine if both spouses fund SLATs

How a SLAT works

Spouse A funds an irrevocable trust for the benefit of Spouse B and descendants.

If both spouses want to fund SLATs, the two trusts must differ meaningfully — different trustees, different distribution standards, different terms, and ideally different funding dates — to avoid the reciprocal trust doctrine collapsing the structure.

Common mistakes we fix

Mirror-image SLATs that the IRS can unwind under the reciprocal trust doctrine.

Funding a SLAT and then divorcing — access through the spouse disappears overnight.

Underestimating the donor spouse's need for cash flow, leaving the family illiquid.

New York, New Jersey & Ohio considerations

New York: SLATs are one of the most powerful tools to manage the New York estate tax cliff while preserving spousal access.

New Jersey: no state estate tax, but federal exemption planning still drives SLAT use for high earners and founders.

Ohio: frequently used as the SLAT situs for NY and NJ clients because of the Ohio Legacy Trust Act and Ohio's trust-friendly tax treatment.

How Legacy Counsel helps

We design non-reciprocal SLATs, choose situs, coordinate funding with your wealth advisor and CPA, and stress-test the plan against divorce, death, and future legislative changes to the exemption.

Frequently Asked

What happens if my spouse dies first?+

Indirect access ends.

What if we divorce?+

The ex-spouse may remain a beneficiary unless the trust provides otherwise.

Is there a deadline tied to the federal exemption?+

Under the 2025 federal legislation, the basic exclusion amount is approximately $15M per individual beginning in 2026 and is permanent under current law. There is no longer a near-term scheduled drop tied to the prior TCJA sunset. Federal tax law remains subject to future legislative change, so we generally recommend evaluating planning on its own merits rather than relying on the current exemption remaining indefinitely. This is general information, not tax advice.

Can the donor spouse benefit indirectly?+

Yes — distributions to the beneficiary spouse can be used for joint household expenses, which is the practical reason SLATs work for most married couples.

Related

Next Step

Talk to Legacy Counsel.

Fixed-fee estate planning for clients in New York, New Jersey, and Ohio.

Drew Jacobs is licensed in New York, New Jersey, and Ohio. Nothing on this page constitutes legal advice or an offer to represent you in a jurisdiction in which we are not licensed.

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