Complex Will with Credit Shelter Marital Trust for Large Estates Montana Form
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People also ask
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Why use a credit shelter trust?
A Credit Shelter Trust is also called a Bypass or AB Trust. It allows both spouses to take advantage of estate tax exemptions. The Grantor - another name for the person creating the Trust - includes the provisions of the CST in his or her Will. Both spouses can create CSTs to fully protect an estate from taxation.
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Are distributions from a credit shelter trust taxable?
When the surviving spouse dies, any remaining principal can be distributed to children or remain in trust for their benefit, as you direct. Even though the surviving spouse has access to income (and principal, if needed), the assets in the credit shelter trust are not considered part of the survivor's taxable estate.
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What are the disadvantages of putting your house in an irrevocable trust?
The primary disadvantage of an irrevocable trust is that the grantor cannot change the terms or conditions once the trust is established. Consequently, you should be very careful in naming beneficiaries, trustees, and distributions.
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What happens to a credit shelter trust when the surviving spouse dies?
When the surviving spouse dies, any remaining principal can be distributed to children or remain in trust for their benefit, as you direct. Even though the surviving spouse has access to income (and principal, if needed), the assets in the credit shelter trust are not considered part of the survivor's taxable estate.
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What is the maximum amount for a credit shelter trust?
When you pass away, the Trustee you have named in the Credit Shelter Trust funds the Trust. This can include any amount up to the lifetime federal estate tax limits (as of 2021, that threshold was raised to $11.7m per person or $23.4m per couple - up from the 2020 limit of $11.58m and $23.16m, respectively).
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Is a credit shelter trust simple or complex?
This type of Credit Shelter Trust is known as a “Complex” trust as it allows for the accumulation of income rather than required distributions.
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Do credit shelter trusts get a step up in basis?
With a credit shelter trust, however, there will usually be no adjustment to the cost basis of the assets inside the trust at the second death.
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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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