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

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Additionally, assets that are placed in a credit shelter trust receive a one-time step-up in basis at the time the trust is funded.
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 such drawback is their irrevocable nature; once established, the terms are generally set and cannot be easily altered. The surviving spouses estate may also be subject to increased estate taxes upon their death, depending on the trusts structure and the value of the assets.
Types of Trusts To Minimize Taxes Irrevocable trust: An irrevocable trust is a trust that you cant terminate or change. Grantor retained annuity trust (GRAT): A GRAT is a type of irrevocable trust. Intentionally defective grantor trust (IDGT): An IDGT is another type of irrevocable trust.
No additional tax return: Once a credit shelter trust is funded, the trustee of that trust will have to file a fiduciary income tax return (Form 1041) every year.
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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.

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