Complex Will with Credit Shelter Marital Trust for Large Estates Tennessee 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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Is a credit shelter trust simple or complex?
This type of Credit Shelter Trust is known as a “Simple” trust: One that requires that all income be paid out to the beneficiary at least annually.
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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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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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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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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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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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