Complex Will with Credit Shelter Marital Trust for Large Estates - Idaho 2025

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The downside to these trusts is that since the assets (and their growth) were not included in the taxable estate of the second spouse to die, the assets, when eventually paid out (usually to the children) did not receive a further step up in basis at the death of the second spouse, such that the children inherited the
Upon the death of the first spouse, the credit shelter trust is funded with assets up to the deceased spouses available federal estate and gift tax exemption amount ($13.61 million per individual in 2024).
When you pass away, the Trustee you have named in the Credit Shelter Trust funds the Trust. This can include any amount up to the lifetime federal estate tax limits (as of 2021, that threshold was raised to $11.7m per person or $23.4m per couple - up from the 2020 limit of $11.58m and $23.16m, respectively).
The credit shelter trust exempts assets and any growth on them from estate taxes. If the first spouse dies with a $5 million exclusion, with portability the survivor will get exactly $5 million of exclusion to cover assets in the survivors taxable estate.
However, the estate tax exemption amount, currently $13.99 million per individual, is scheduled to sunset at the end of 2025 and revert to pre-TCJA levels, which is an estimated $7 million per individual (adjusted for inflation). The maximum federal estate tax rate will remain 40%.

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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 survivors taxable estate.
What youll get. If you qualify, you may only claim expenses up to: $3,000 for 1 person. $6,000 for 2 or more people.

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