This form is complex Will designed to enable a couple to maximize the amount of property that can pass free of estate taxes. The Will leaves the maximum tax free amount allowed (i.e. 1,000,000.00 as of 2001) to a trust and the remainder of property to the surviving spouse. All of the property passing to the Spouse is estate tax free. Therefore, no estate taxes are due at the death of the first Spouse. Since the trust has 1 million dollars that can pass to the Children tax free, the surviving spouse can also leave 1 million to a similar trust or Children and thereby enable 2 million dollars instead of 1 to pass to the Children estate tax free. Income from the trust can be disbursed to the surviving Spouse and Children.
This is a complex estate planning Will and should only be used by consulting an attorney.
Indiana Complex Will with Credit Shelter Marital Trust for Large Estates
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FAQ
This law states that no matter what your will says, your spouse has a right to inherit one-third or one-half (depending on the state and sometimes depending on the length of the marriage) of your total estate. To exercise this right, your spouse has to petition the probate court to enforce the law.
The surviving spouse has the right to Family Exempt Property.The surviving spouse has the right to receive Letters of Administration, which means that ahead of all other family members, he/she has the right to serve as the Administrator when someone dies intestate.
At the time of your death, the assets in your family trust are protected by the exemption, and the assets in your marital trust are protected by the marital deduction. No estate taxes are due.
The Spouse Is the Automatic Beneficiary for Married People A federal law, the Employee Retirement Income Security Act (ERISA), governs most pensions and retirement accounts.
Yes, the surviving spouse may serve as trustee of the credit shelter trust.All of the assets in the credit shelter trust, including any appreciation in value during the surviving spouse's lifetime, pass free of estate tax to the beneficiaries.
A marital trust allows the couple's heirs to avoid probate and take less of a hit from estate taxes by taking full advantage of the unlimited marital deductiona provision that enables spouses to pass assets to each other without tax consequences.
Most married couples own most of their assets jointly. Assets owned jointly between husband and wife pass automatically to the survivor.This requires the will to be probated and an executor to be appointed in order to secure the assets. There are exceptions to the probate requirement for estates of $50,000 or less.
Many married couples own most of their assets jointly with the right of survivorship. When one spouse dies, the surviving spouse automatically receives complete ownership of the property. This distribution cannot be changed by Will.
First, in a standard credit shelter trust, there is no step-up in basis at the death of the surviving spouse.Second, the credit shelter trust is a separate taxpayer and requires its own tax return, Form 1041.