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Complex Will with Credit Shelter Marital Trust for Large Estates - Florida

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

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This document is a Last Will and Testament outlining the distribution of the testator's estate upon their death. It includes provisions for appointing an executor, bequeathing assets to the spouse and children, establishing a family trust, and addressing tax obligations. The will specifies how personal property, real estate, and other assets should be managed and distributed, ensuring that the needs of the spouse and children are prioritized. Additionally, it includes instructions for handling potential disclaimers by beneficiaries and outlines the powers granted to the executor.

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How to use or fill out Complex Will with Credit Shelter Marital Trust for Large Estates - Florida

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Click ‘Get Form’ to open it in the editor.
Begin by entering your full name and address in the designated fields at the top of the document. This identifies you as the testator.
In Item I, provide your spouse's name and list your children. Ensure accuracy as this section outlines your immediate family.
For Item II, appoint your spouse as the Executor. You may also designate a successor if needed.
In Item III, specify how death taxes will be handled. Clearly indicate whether they should be paid from the family trust or your residuary estate.
Continue through Items IV to IX, detailing specific bequests and trust provisions. Use our platform’s editing tools to ensure clarity and precision in each section.
Finally, review all entries for accuracy before signing. Utilize our platform’s features to save and share your completed document securely.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Does a trust supersede a will in Florida?

Since revocable trusts become operative before an individuals will takes effect at death, a trust takes precedence over a will. Knowing this can be helpful when there are discrepancies between the two.

What happens to a credit shelter trust when the surviving spouse dies?

Fraudulent Transfer Laws: If a court determines that assets were transferred into a trust with the intent to defraud creditors, the transfer may be voided, and the assets could be subject to creditors claims (see Floridas Uniform Fraudulent Transfer Act, FL Stat 726.105).

Which is better, a will or a trust in Florida?

Although Wills are more straightforward and usually less expensive than setting up a trust, a Trust may sometimes be the best option, and is less expensive in the long run, as it has the advantage of avoiding the probate process if properly funded.

Does a will override a trust in Florida?

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 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.

Can a trust be contested after death in Florida?

Yes, a trust can be contested after the death of the trust creator (called the settlor, grantor or trustor). In fact, after the death of a trust creator is when a trust is most often contested. This is because a trust generally cannot be contested when a settlor is alive and mentally competent.

What takes precedence over a will?

Beneficiary Designations, POD and TOD Take Precedence Over Your Will. When you think about passing assets to others upon your death, you probably think first of a will. In reality, a will only controls assets that arent transferred by any one of several other mechanisms, including beneficiary, POD and TOD designations

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

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