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To add a living trust as a beneficiary, you will need to complete the credit shelter trust form with beneficiaries. First, clarify the details of your living trust, including its name and the trustee involved. Next, contact your financial institutions or insurance companies to request their specific procedures. Finally, submit the completed form to ensure that your living trust receives your intended assets.
Understanding a Credit Shelter Trust (CST) CSTs are created upon a married individual's death and funded with that person's entire estate or a portion of it as outlined in the trust agreement. These assets then flow to the surviving spouse.
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.
Credit Shelter Trust Example Spouse A passes away leaving his entire estate to Spouse B. Due to the unlimited marital exemption, Spouse B will pay zero estate tax on this transfer, and as such would not utilize any of Spouse's A's $11.5mm federal exemption or New York's $6mm exemption.
This trust is irrevocable and will pass to beneficiaries other than the surviving spouse (usually their children). The surviving spouse must follow the trust's plan without overly benefiting from its operation, but this trust often passes income to the surviving spouse to live on for the rest of their life.
When the credit shelter trust is initially funded upon the death of one spouse, the assets that are placed under the trust receive a step-up in basis. This is an important consideration, because any assets held in a CST don't receive a second step-up in basis upon the death of the surviving spouse.