In this new era of a significantly increased estate tax exclusion (over $11 million per person) and the option to elect “portability,”[1] the tax concerns of married couples in California have shifted from estate tax avoidance to capital gains tax avoidance. As such, many clients are now considering switching to a less complicated and less administratively burdensome trust to one that leaves all assets to the Surviving Spouse, either outright or in trust, and reduces the capi