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Key reasons for considering a trust: Control. A trust can control who will receive distributions, as well as when those will occur and on what terms. Protection. Privacy and probate savings. State estate and inheritance taxes. Incapacity planning. Charitable giving. Life insurance ownership. Special needs planning.
A marital trust is an irrevocable trust that lets you transfer a deceased spouses assets to the surviving spouse without incurring any taxes. The trust also protects assets from creditors and future spouses the surviving spouse may encounter.
What Trust is Best for You? (Top 4 Choices in 2022) Revocable Trusts. One of the two main types of trust is a revocable trust. Irrevocable Trusts. The other main type of trust is a irrevocable trust. Credit Shelter Trusts. Irrevocable Life Insurance Trust.
The assets remaining in the Marital Trust at the death of the surviving spouse are includable in the surviving spouses taxable estate, and will receive a step up in income tax basis equal to the fair market value of the assets at the death of the surviving spouse.
A credit shelter trust (CST) is a trust created after the death of the first spouse in a married couple. Assets placed in the trust are generally held apart from the estate of the surviving spouse, so they may pass tax-free to the remaining beneficiaries at the death of the surviving spouse.
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The primary benefit of CSTs is that the surviving spouse can use the trusts principal and income during the remainder of their lifetime, for example, for medical or educational expenses. The remaining assets then pass to the beneficiaries and are not subject to estate taxes.
The assets in a QTIP enjoy protection from taxation since it falls under marital deductions. However, money within the Trust does become subject to taxation when the second spouse passes. The liability for these taxes will simply fall to other named beneficiaries, such as children or other relatives.
Two of the more popular trusts are the Qualified Terminable Interest Property trust (QTIP) and the marital gift trust. Both of these trusts are considered credit shelter trusts because they preserve the estate tax exemption of the donor to be utilized at a later date by the trust beneficiaries.
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.
May the Surviving Spouse Act as Trustee? Yes, the surviving spouse may serve as trustee of the credit shelter trust. If the spouse serves as the sole trustee he or she must be restricted to using income and principal for needs related to health, education, support and maintenance.

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