A credit shelter trust can enable both spouses to fully use their applicable credits against their estate tax obligations.(In 1999,the applicable credit is $211,300 and offsets estate tax on the first $650,000 of estate value.In 2000,the applicable credit increases to $220,550,offsetting an estate value of $675,000.)
Without credit shelter planning,the value of the assets of the first spouse to die often passes directly to the surviving spouse and the applicable credit of the deceased spouse is wasted.This is often a problem if the deceased spouse had a substantial tax-deferred balance while the surviving spouse has little or none.
One strategy you might consider is naming a revocable living trust with a credit shelter trust provision as beneficiary.You can allow the trustee to allocate benefits to the credit shelter trust as well as a marital trust,if provided for in the document.If you name your spouse as beneficiary of the trust,his or her life expectancy can be used to determine distribution to the trusts.
Alternatively,you may decide to name your spouse as primary beneficiary and a credit shelter trust as contingent beneficiary.Ask your legal advisor for assistance as you explore these approaches. |