Complex Will with Credit Shelter Marital Trust for Large Estates - Pennsylvania 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. Ensure all names are spelled correctly for legal accuracy.
  4. For Item II, appoint your spouse as the Executor of your estate. 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. Be clear about which assets are involved.
  6. Continue through Items IV to IX, detailing specific bequests and establishing trusts as necessary. Use our platform’s tools to ensure clarity and precision in each section.
  7. Finally, review all entries for accuracy before signing. Utilize our editor’s features to make any necessary adjustments easily.

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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.
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.
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.
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.
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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People also ask

For large estates there could be benefits to employing a living trust. However, for straightforward estates, a will is generally the way to go. Consulting an estate planning attorney can help clarify which approach aligns best with your goals. Consider how you want assets managed if you face incapacity.
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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