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Commonly Asked Questions about Credit Shelter Marital Trust Documents

Loss of Step-up in Basis for Assets in the Trust. Assets held in a bypass trust do not receive a step-up in basis upon the death of the surviving spouse. This means that the beneficiaries who inherit the assets may be subject to capital gains taxes if they sell the assets in the future.
A credit shelter trust is the perfect instrument to ensure a legally married couple passes their full estate tax exemptions on to heirs. Know, however, that this trust is revocable and will not offer any additional tax advantages beyond ensuring two full exemptions.
Both Trusts serve a unique purpose: Survivors Trusts take care of the surviving spouses immediate needs. Bypass Trusts shelter assets through estate tax exemptions and secure generational wealth for beneficiaries. Here at Trust Will, well make sure your Trusts complement your overall estate plan.
When the credit shelter trust is initially funded upon the death of one spouse, the assets that are placed under the trust receive a step-up in basis. This is an important consideration, because any assets held in a CST dont receive a second step-up in basis upon the death of the surviving spouse.
The credit shelter trust (Trust B) is used to avoid estate taxes at first and second death by using the estate tax exemption of the first spouse to die while the marital trust (Trust A) takes advantage of the unlimited marital deduction to pass assets onto the spouse without estate tax at the first death.
Bypass trusts are designed to transfer wealth across generations while minimizing estate taxes. They strategically move assets to avoid taxes, protecting assets for beneficiaries while providing for the surviving spouse.
The bypass trust, which is also referred to as a credit shelter trust, is one of the common types of trusts. It is used to eliminate or reduce federal estate taxes and is typically used by a married couple whose estate exceeds the applicable exclusion amount that is exempt from federal estate tax.
Credit shelter trust (CST) (also called an AB trust or a bypass trust) is a tool used by well-off married individuals to legally maximize their estate tax exemptions. The strategy involves creating two separate trusts after one spouse passes.