Complex Will with Credit Shelter Marital Trust for Large Estates - Oregon 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. Ensure all names are spelled correctly to avoid any legal issues.
  4. For Item II, appoint your spouse as the Executor. You may also choose a successor if needed.
  5. In Item III, specify how death taxes will be paid from your estate or trust assets. Clearly outline any conditions regarding insufficient funds.
  6. Continue through each item, filling in details about asset distribution, trusts, and specific bequests as outlined in Items IV through IX.
  7. Review all entries for accuracy before finalizing. Use our platform’s tools to ensure clarity and correctness throughout the document.

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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 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.
If you have dependent children, elderly family members, or heirs who need assistance in managing their inheritance, trust is a must. It will also provide privacy to your beneficiaries while reducing estate tax and avoiding probate court costs.
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.
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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.

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