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Example: Father's Will states that a house passes to his Wife, but if she disclaims, the house passes into a Disclaimer Trust for Daughter. At Father's death, Wife files a formal disclaimer, disclaiming the house. The house pours into the Disclaimer Trust for Daughter.
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.
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.
Disclaimer trust refers to a type of trust used by spouses to limit estate taxes. Spouses can agree to move assets the other spouse will receive upon their death into an irrevocable trust in their wills. This only occurs if the spouse chooses not to inherit the assets outright.
Disadvantages. Irrevocability: A Credit Shelter Trust is irrevocable, which means that the grantor cannot make changes, amendments, or terminate the trust after it is established. This lack of flexibility can be a disadvantage if the grantor's wishes or circumstances change over time.