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

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering your full name and address in the designated fields at the top of the document. This identifies you as the testator.
  3. In Item I, provide your spouse's name and list your children. If applicable, include any future children born after this will is executed.
  4. For Item II, appoint your spouse as the Executor of your estate. Ensure that you clearly state their responsibilities regarding debts and obligations.
  5. In Item III, specify how death taxes should be handled, indicating whether they should be paid from the family trust or your residuary estate.
  6. Continue filling out Items IV through IX by detailing specific bequests to your spouse and children, ensuring clarity on distributions from the family trust.
  7. Review all entries for accuracy before saving or exporting the completed document. Utilize our platform’s features to sign and share securely.

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A: Property that cannot be held in a trust includes Social Security benefits, health savings and medical savings accounts, and cash. Other types of property that should not go into a trust are individual retirement accounts or 401(k)s, life insurance policies, certain types of bank accounts, and motor vehicles.
This type of Credit Shelter Trust is known as a Complex trust as it allows for the accumulation of income rather than required distributions. Note the options presented to the trustee(s): If the spouse needs all of the income, he/she/they can get it.
A simple trust must distribute all its income currently. Generally, it cannot accumulate income, distribute out of corpus, or pay money for charitable purposes. If a trust distributes corpus during a year, as in the year it terminates, the trust becomes a complex trust for that year.
Which Takes Precedence: Will or Trust? In California, a trust often supersedes a will if a person has created both documents. A trust takes effect immediately, while the trustee is still alive, whereas a will only takes effect after the death of the executor.
The credit shelter trust has many different names. It is referred to as a bypass trust, the B trust in an A-B trust plan or the family trust in a family/marital trust plan.
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Definition of a complex trust To be classified as a complex trust, it must do at least one of three activities within the year: The trust must retain some of its income and not distribute all of it to beneficiaries. The trust must distribute some or all of the principal to the beneficiaries.
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.

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