"Portability" rules that were enacted in the American Taxpayer Relief Act of 2012 allow a surviving spouse to use a deceased spouse's unused estate tax exclusion.
An AB living trust would create a subtrust that would shelter the deceased spouse's estate tax exclusion. This was important fifteen years ago when the estate tax exlusion amount was $600,000 and there was no portability rules. However, now that the estate tax exclusion is $5.45M for 2016, and with portability that amount doubles to $10.9M, the payment of esate tax will not affect the vast majority of estates.
Answered on Feb 18th, 2016 at 7:41 PM