Complex Will with Credit Shelter Marital Trust for Large Estates Massachusetts Form
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People also ask
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What are the disadvantages of a credit shelter trust?
One of the disadvantages of a credit shelter trust is that it does not give the surviving spouse immediate access or full control over the trust assets. Instead, the spouse can generally receive income from the trust and may be allowed to use the trust principal to pay for health, education, and maintenance as needed.
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What is the difference between a credit shelter trust and a marital trust?
Credit Shelter Trust vs Marital Trust - Is a Marital Trust the Same as a Credit Shelter Trust? No. A Marital Trust is a type of Credit Shelter Trust. You and your spouse can use a Marital Trust to pass assets to a surviving spouse, children or grandchildren.
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What is the difference between a slat and an ab trust?
The difference between a SLAT and a Bypass Trust is a SLAT is funded while both spouses are alive while a Bypass Trust is funded at the death of either spouse. The allure of a SLAT is that they are flexible and can be done while you are still living with so many benefits.
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Is a marital trust a credit shelter trust?
Credit Shelter Trust vs Marital Trust - Is a Marital Trust the Same as a Credit Shelter Trust? No. A Marital Trust is a type of Credit Shelter Trust. You and your spouse can use a Marital Trust to pass assets to a surviving spouse, children or grandchildren.
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Are trusts considered marital property in Massachusetts?
Even if a judge determines that a trust isn't marital property that can be divided the judge can still use a person's interest in a trust as a factor in deciding what share of the marital estate each party receives. Massachusetts is what is called an equitable division state.
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What are the disadvantages of a credit shelter trust?
The downside to these trusts is that since the assets (and their growth) were not included in the taxable estate of the second spouse to die, the assets, when eventually paid out (usually to the children) did not receive a further step up in basis at the death of the second spouse, such that the children inherited the ...
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What are the benefits of a credit shelter trust?
The primary benefit of CSTs is that the surviving spouse can use the trust's principal and income during the remainder of their lifetime, for example, for medical or educational expenses. The remaining assets then pass to the beneficiaries and are not subject to estate taxes.
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How does credit shelter trust work in Massachusetts?
Credit shelter trusts protect assets up to $1 million. They are established when the first spouse passes away. This is known as “sheltering”. The surviving spouse has the option to serve as the Trustee of the deceased spouse's trust and can utilize the assets held in the trust as required.
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