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The assets in a QTIP enjoy protection from taxation since it falls under marital deductions. However, money within the Trust does become subject to taxation when the second spouse passes. The liability for these taxes will simply fall to other named beneficiaries, such as children or other relatives.
What Trust is Best for You? (Top 4 Choices in 2022) Revocable Trusts. One of the two main types of trust is a revocable trust. Irrevocable Trusts. The other main type of trust is a irrevocable trust. Credit Shelter Trusts. Irrevocable Life Insurance Trust.
The assets remaining in the Marital Trust at the death of the surviving spouse are includable in the surviving spouses taxable estate, and will receive a step up in income tax basis equal to the fair market value of the assets at the death of the surviving spouse.
May the Surviving Spouse Act as Trustee? Yes, the surviving spouse may serve as trustee of the credit shelter trust. If the spouse serves as the sole trustee he or she must be restricted to using income and principal for needs related to health, education, support and maintenance.
For many couples, the only asset available to fund the credit shelter trust is an IRA. In order to provide the surviving spouse with maximum flexibility, the account owner could name the surviving spouse as the primary beneficiary and designate the credit shelter trust as the contingent beneficiary of the IRA.

People also ask

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.
Yes, but naming the surviving spouse, as a Trustee should be done only after reviewing all the facts and counseling with your advisors. In a first time marriage where both spouses have great confidence in each other, it is common for the surviving spouse to be designated as a Trustee of the Family and Marital Trusts.
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.
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.
A credit shelter trust (CST) is a trust created after the death of the first spouse in a married couple. Assets placed in the trust are generally held apart from the estate of the surviving spouse, so they may pass tax-free to the remaining beneficiaries at the death of the surviving spouse.

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