Complex Will with Credit Shelter Marital Trust for Large Estates Virginia Form
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People also ask
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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 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 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 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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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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What is an example of a simple trust?
For example, you may set up a simple trust to provide income for your spouse during their lifetime and then distribute the remaining assets to your children when you die. Or, you may set up a simple trust to hold property until your child signNowes age 21 and then transfer ownership of the property to them.
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How do I know if my trust is simple or complex?
Simple trusts are required to distribute all of their income to beneficiaries, and as such, the beneficiary is responsible for paying any taxes on that income. In contrast, complex trusts are allowed to retain some of their income and are thus responsible for paying any taxes on that income.
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What is considered a complex trust?
Generally, a trust is complex if at least one of the following occurs: There is no requirement to distribute all the trust income to the beneficiaries. The beneficiaries received principal distributions during the tax year. Distributions were made to charitable organizations.
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