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

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Living trusts, in particular, are a favored tool for estate planning in Colorado, mainly due to their ability to circumvent probate. By avoiding probate, the surviving family of a person who dies can save time and money, as well as keep the estate out of the public record.
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.
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.
Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, weve seen first-hand how this critical error undermines so many parents good intentions.
a will in California: A living trust, unlike a will, can keep your assets out of probate proceedings. A trustor names a trustee to manage the assets of the trust indefinitely. Wills name an executor to manage the assets of the probate estate only until probate closes.
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The first, and most often used reason to have a trust is to avoid the probate process needed for a will. A living trust can avoid probate. A living trust can also help with passing assets on to your loved ones with greater ease of transfer. And a living trust can allow you to control assets after you die.

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