Complex Will with Credit Shelter Marital Trust for Large Estates - Tennessee 2026

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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 paid from your estate or trust assets. Clearly indicate if reimbursement requests are allowed.
  6. Continue filling out Items IV through IX by detailing specific bequests to your spouse and children, including personal property and trust distributions.
  7. Review all entries for accuracy before finalizing. Use our platform’s tools to sign and save your document securely.

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If your estate is relatively simple and youre primarily concerned with naming heirs and guardians, a will may suffice. If you want to avoid probate, keep your affairs private, or ensure long-term management of your assets, a trust could be the better solution.
The credit shelter trust (Trust B) is used to avoid estate taxes at first and second death by using the estate tax exemption of the first spouse to die while the marital trust (Trust A) takes advantage of the unlimited marital deduction to pass assets onto the spouse without estate tax at the first death.
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.
The trust typically provides that the surviving spouse has entitlement to the income and to the principal provided that there are ascertainable standards such as for support, health and welfare for the trustee to distribute principal to the surviving spouse. The surviving spouse can even be a trustee.
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.

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