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Complex Will with Credit Shelter Marital Trust for Large Estates - Pennsylvania

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This document is a Last Will and Testament outlining the distribution of the testator's estate upon their death. It includes provisions for the appointment of an executor, bequests to the spouse and children, establishment of a family trust, payment of debts and taxes, and guidelines for the management and distribution of trust assets. The will emphasizes the care for the spouse and children, detailing how assets should be divided or held in trust, while also addressing tax implications and potential disclaimers by beneficiaries.

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What is the difference between a credit shelter trust and a marital trust?

Credit Shelter Trust vs Marital Trust - Is a Marital Trust the Same as a Credit Shelter Trust? No. A Marital Trust is a type of Credit Shelter Trust. You and your spouse can use a Marital Trust to pass assets to a surviving spouse, children or grandchildren.

What are the disadvantages of a credit shelter trust?

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.

What happens to a credit shelter trust when the surviving spouse dies?

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.

What is the point of a credit shelter trust?

Credit shelter trust (CST) (also called an AB trust or a bypass trust ) is a tool used by well-off married individuals to legally maximize their estate tax exemptions. The strategy involves creating two separate trusts after one spouse passes.

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