Complex Will with Credit Shelter Marital Trust for Large Estates New York 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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Who is the grantor of a credit shelter trust?
With a Credit Shelter Trust, the grantor (the person creating the trust) can maintain control over how the trust assets are distributed. This can be particularly important for individuals who want to ensure their assets are used in specific ways or to protect the inheritance from being squandered.
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Who are the beneficiaries of a credit shelter trust?
This trust is irrevocable and will pass to beneficiaries other than the surviving spouse (usually their children). The surviving spouse must follow the trust's plan without overly benefiting from its operation, but this trust often passes income to the surviving spouse to live on for the rest of their life.
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Does a living trust avoid probate in New York?
Common ways to hold or transfer property to avoid the New York probate process include: Living trusts.
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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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Who is the beneficiary of a credit shelter trust?
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 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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