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A credit shelter trust is a trust that is established in the will or living trust of the first to die of a married couple, most often for the benefit of a surviving spouse. It is generally created to avoid estate taxes at a first spouse's death by taking advantage of the available federal estate tax credit.
A bypass trust, or AB trust, is a legal arrangement that allows married couples to avoid estate tax on certain assets when one spouse passes away. When one spouse dies, the estate's assets are split into two separate trusts.
Yes, a Disclaimer Trust is often referred to as a Credit Shelter Trust. This is because married couples will add in the option for the surviving spouse to disclaim the first spouse's assets and move them into a Disclaimer Trust.
Irrevocable trusts come in two forms: living trusts and testamentary trusts. A living trust, which is also known as an inter vivos (Latin for "between the living") trust, is originated and funded by an individual during their lifetime. Some living trust examples are: Irrevocable life insurance trust.
As a result, a (non-grantor) bypass trust will typically file its own Form 1041 income tax return, reporting its own income (i.e., from the portfolio and other assets that it holds), claiming its own deductions, and paying its own trust tax bill.
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What are the Disadvantages of a Trust? Costs. When a decedent passes with only a will in place, the decedent's estate is subject to probate. ... Record Keeping. It is essential to maintain detailed records of property transferred into and out of a trust. ... No Protection from Creditors.
A bypass trust's undistributed income (not distributed out to beneficiaries) is taxed at compressed trust income tax rates which subject any undistributed income over $12,750 (2021) to be subject to the top marginal income tax rate of 37% and potentially subject to the additional 3.8% Medicare surtax on net investment ...
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.
Tenants By Entireties is a method of joint ownership that is only available to a married couple and which is only available in a limited number of states. Like JTWROS, if one dies, the surviving spouse becomes the sole owner of the property.
If the QTIP election is not made, then all the decedent's assets will remain in the Bypass Trust.

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