iPlan Law - Estate Planning

Credit Shelter Bypass Trusts Explained


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The Credit Shelter Trust goes by many names. A Credit Shelter Trust may be called a Bypass Trust or B Trust, a Unified Credit Shelter Bypass Trust, or a Non-Marital Trust. This type of trust typically appears within the estate plan of a married person. When one spouse dies, the Credit Shelter Trust springs into existence. With careful planning, the Credit Shelter Trust can maximize the estate tax exemption of the first spouse to die, prevent disinheritance of the first spouse’s beneficiaries, and protect assets for those beneficiaries and the surviving spouse. On the downside, the assets in the Credit Shelter Trust do not receive a basis adjustment for capital gains tax considerations when the surviving spouse dies. Outdated trusts may have Credit Shelter Trust plans that no longer have the spouse’s intended results now that the estate tax exemption amount is high and portability is available for the surviving spouse. More flexible updated approaches use Disclaimer Trust or Clayton Election provisions.
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iPlan Law - Estate PlanningBy WCAT Radio