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Credit Shelter Trusts Explained With Examples

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Multi-State
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US-01332BG
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Word; 
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Description

The document outlines the creation of an Irrevocable Funeral Trust, which is essentially a savings account managed by a bank for the benefit of a designated funeral director. Credit shelter trusts are crucial for estate planning as they allow individuals to set aside assets, which can avoid estate taxes and provide predetermined funds for funeral expenses. This type of trust is irrevocable, meaning that once established, the Trustor cannot make withdrawals during their lifetime, ensuring that the funds are preserved for their intended purpose. Key features include the authority of the bank to manage the funds, the conditions under which funds can be held, and the appointment of successor trustees in case of resignation or removal. For example, if the Trustor wishes to prearrange their funeral expenses, establishing such a trust helps ensure these costs are covered without burdening relatives. Filling and editing instructions should clarify that the Trustor must provide their personal information, including their Social Security number and date of birth, and must sign the document. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it simplifies the process of setting up a trust and ensures compliance with relevant regulations, aiding clients in thoughtful financial and estate planning.
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FAQ

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.

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.

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.

The primary benefit of CSTs is that the surviving spouse can use the trust's principal and income during the remainder of their lifetime, for example, for medical or educational expenses. The remaining assets then pass to the beneficiaries and are not subject to estate taxes.

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.

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Credit Shelter Trusts Explained With Examples