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Credit Shelter Trust vs Marital Trust - Is a Marital Trust the Same as a Credit Shelter Trust? No. A Marital Trust is a type of Credit Shelter Trust. You and your spouse can use a Marital Trust to pass assets to a surviving spouse, children or grandchildren.
Unlike a QTIP trust, the assets of the credit shelter trust are not included in the beneficiary's gross estate and, as a result, are not subject to estate tax at the beneficiary's death (in other words, the assets bypass the beneficiary's estate).
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 Marital Trust is an irrevocable trust that allows for estate tax deferral and possibly elimination. On the other hand, a family trust is generally revocable and will not achieve the same estate tax benefits.
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.
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.
Example of a Credit Shelter Trust After the husband dies, his $6 million estate and any income it generated passes free of estate tax to his wife because it falls below the federal exemption.