Nassau New York Complex Will - Max. Credit Shelter Marital Trust to Children
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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.
The current federal estate tax exemption is $11.7 million. This means individuals can gift up to the federal exemption amount during their lifetime or after death without incurring a federal the death and lifetime gift tax is combined.
A credit shelter trust works as a tax management tool because assets transferred to a surviving spouse are exempt from federal estate taxes. There's no limit on this amount. After the second spouse dies, taxes would normally be levied on any assets from that spouse's estate that are passed on to beneficiaries.
Usually, the deceased spouse's portion of the couple's property, at least up to the applicable exclusion amount ($11.7 million), is put into trust B (the bypass trust). This trust is irrevocable and will pass to beneficiaries other than the surviving spouse (usually their children).
A credit shelter trust is created after one partner in a marriage dies. Any assets that are put into the trust are considered separate from the estate of the spouse who is still alive. This allows them to go to the beneficiaries after the surviving spouse's death without incurring any tax.
Because the goal of establishing a Credit Shelter Trust is non2010 inclusion in the estate of the surviving spouse, the assets in the Credit Shelter Trust do not obtain a second step up in income tax basis to fair market value when the surviving spouse dies.
The most common technique used by married couples to reduce their estate tax bill and pass more on to their beneficiaries is the use of a Credit Shelter Trust, also referred to as a Bypass or Family Trust, coupled with a Marital Trust, also referred to as a Marital Deduction Trust or QTIP Trust.
A marital trust is a type of irrevocable trust that allows you to transfer assets to a surviving spouse tax-free. It can also shield the estate of the surviving spouse before the remaining assets pass on to their children.
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.
