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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.
What is the advantage of a credit shelter trust?
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.
What is the purpose of a marital trust?
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.
Which type of trust is appropriate for couples who do not yet have enough assets to need a credit shelter trust?
A bypass trust (also called a B trust or a credit shelter trust) is a trust that can be used by married couples in conjunction with a marital trust to minimize federal estate tax that will be due on their combined estates.
What is the difference between a marital trust and a credit shelter 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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Related forms
Form MM9 (Madrid Agreement Concerning the International ... - WIPO
Why is the establishment of a credit shelter trust fund considered a good estate planning technique?
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.
What is the difference between a marital trust and a credit shelter 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.
Should a spouse be a trustee?
Yes, but naming the surviving spouse, as a Trustee should be done only after reviewing all the facts and counseling with your advisors. In a first time marriage where both spouses have great confidence in each other, it is common for the surviving spouse to be designated as a Trustee of the Family and Marital Trusts.
What type of trust is best?
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.
What is the difference between a marital trust and a credit shelter 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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Rule: A person is the surviving spouse of decedent if there was no divorce decree or binding (on a judge) settlement of marital property between the parties.
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