A credit shelter trust is an estate-planning strategy for married couples. This type of trust may provide control over the assets for the creator of the trust and tax efficiency for the surviving spouse and beneficiaries. It is also sometimes known as a bypass trust or family trust.
A credit shelter trust allows you to set aside a certain portion of your assets upon your death. There are a variety of reasons to discuss a credit shelter trust with your estate-planning attorney.
Control over assets
The spouse who sets up the trust can determine how the assets will be distributed. The surviving spouse can receive income and principal from the trust during his or her lifetime. When he or she passes away, the remaining amount in the trust goes to the beneficiaries designated by the spouse who created the trust.
This type of trust can be helpful in cases where the creator of the trust wants to control the distribution of the assets after his or her death. This is common with second or later marriages, where the creator of the trust has his or her own children and would like for them to inherit their separate assets.
Creditor claims protection
A credit shelter trust can help protect assets from claims by divorcing spouses, spouses from subsequent marriages and creditors. Generally, creditors cannot access the principal in the trust to meet their claims against the trust beneficiaries.
Federal estate tax exclusion
A credit shelter trust allows a married couple to benefit from the federal estate tax exclusion of the first spouse to die so trust assets are sheltered from future estate tax. Any growth or appreciation of those assets while in the trust is similarly protected from estate tax.
A portability provision gives married couples a chance
to save an unused exclusion amount without a credit
shelter trust (see “Federal Estate Tax and Portability” in
the blue section to the right). However, assets passed via
portability are not protected from generation-skipping transfer (GST) taxes, nor do they have the control or creditor protection advantages of a credit shelter trust.
State estate tax exclusion
Several states have their own state estate tax in addition to the federal estate tax. A credit shelter trust may be the only option to use the state estate tax exclusion of the first spouse to die.
Federal estate tax and portability
The American Taxpayer Relief Act of 2012
updated the federal estate tax exclusion amount
and provided for occasional increases to offset
inflation. The Tax Cuts and Jobs Act enacted in
2017 made increases to the exclusion amount
through 2025. In 2024, you may be able to transfer
up to $13.61 million (up from $12.92 million in
2023) at your death free from federal estate tax.
Any amount exceeding the exclusion can be taxed
up to 40%.
The portability provision states that when a person passes away, the surviving spouse may “retain” the deceased spouse’s unused exclusion amount. For instance, if a husband dies in 2024, his wife may be able to use their full $27.22 million exclusion (up from $25.84 million in 2023) without planning for it. There are certain tax-filing requirements that must be satisfied to take advantage of this option. You should talk with your qualified tax advisor about your situation.
Proactive planning can help ensure you have control over your estate and benefit from tax- saving strategies.
You may think the portability provision means you don’t need to plan to protect your legacy and reduce estate tax; however, that may not necessarily be the case. Although portability, in some situations, may provide advantages to some married couples, considering a credit shelter trust could have benefits for you and your family. You should work with your estate-planning attorney and tax advisor to determine the appropriate plan for you.
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Portability (transfer to spouse) |
Credit shelter trust |
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The surviving spouse has full access and control over all the assets. |
The spouse who sets up the trust designates the beneficiaries. The surviving spouse and/or other beneficiaries may receive benefits from the assets in the trust during their lifetimes. |
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Growth of the assets may be subject to estate taxes when the surviving spouse dies. |
Growth of the assets in the trust generally is not taxed for estate tax purposes upon the death of the surviving spouse. |
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Assets can be subject to creditor claims. |
Assets are typically protected from creditor claims. |
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Assets may be subject to state estate taxes. |
Assets may not be subject to state estate taxes. |
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All assets, including those from the first spouse to die, generally get a full step-up in cost basis at the surviving spouse’s death. |
Assets do not get a step-up in cost basis at the surviving spouse's death. |
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Portability exclusion does not apply to federal GST taxes. |
With proper planning, assets may not be subject to GST taxes. |
For professionals serving seniors, a home can sometimes be the biggest piece of the transition puzzle.But what happens when that home isn't an ordinary property?What if your client owns a $1 million, $2 million or multimillion-dollar luxury or waterfront home?A senior may be downsizing, transitioning to independent or assisted living, moving closer to family, settling an estate, or simply deciding that maintaining a large property no longer makes sense.For senior living professionals, elder law attorneys, estate planners, financial advisors, care managers, move managers and other professionals helping with that transition, there is an important option worth knowing about:The homeowner may be able to sell a luxury property privately and directly, without first putting it on the public market.Why Can Selling a Senior's Luxury Home Be Different?Luxury and waterfront properties can present challenges that aren't always present in a typical home sale.The property may be a waterfront estate on Casey Key, a residence on Bird Key, a condominium overlooking Sarasota Bay, or a distinctive home on Siesta Key or Longboat Key.The owner may have lived there for decades.The home may contain valuable possessions, artwork and deeply personal belongings. It may need updating. Adult children may live hundreds of miles away. And the family may already be coordinating a significant life transition.For some homeowners, maximum exposure to the real estate market is the priority. In that situation, publicly marketing the property may make sense.But other seniors have very different priorities:Privacy. Simplicity. Certainty. Flexibility.They may not want strangers repeatedly touring their home.They may not want photographs of their home's interior and possessions published online.They may not want to renovate, stage or prepare the property for the luxury market.And they may not want their move dependent upon months of marketing, inspections and a buyer obtaining financing.For those homeowners, a private direct sale may be another option worth considering.Can a Senior Sell a Luxury Home Without Publicly Listing It?Yes.A luxury homeowner can explore a direct sale without first broadly marketing the property.Private Luxury Home Sales considers select luxury, waterfront and distinctive properties throughout Sarasota and Florida's Gulf Coast for direct purchase. A homeowner can request a confidential property review before deciding whether a private sale or broader market exposure better fits their objectives.This can allow an owner to explore an offer without first going through the traditional process of preparing and publicly marketing the property.Why Might Privacy Matter to an Older Luxury Homeowner?For some affluent seniors, privacy isn't simply a preference.It can be an important part of the selling decision.Imagine a homeowner who has spent 25 or 30 years in the same waterfront residence.Inside may be family photographs, artwork, collections, jewelry, antiques and other personal possessions.A traditional luxury marketing campaign can involve professional photography, video, aerial photography, online advertising and numerous people entering the property.Some homeowners are completely comfortable with that exposure.Others aren't.A private direct sale provides another route. When Private Luxury Home Sales evaluates a property for potential direct purchase, broad public marketing isn't necessary merely to consider the home. For a senior who values discretion, that difference can matter.Does the Luxury Home Need to Be Renovated First?Not necessarily.One of the biggest misconceptions surrounding high-value real estate is that every luxury property must be extensively updated before it can be sold.A longtime owner may have an exceptional property in an exceptional location while the kitchen, bathrooms, flooring or other features are dated.Preparing that property for the retail luxury market could potentially involve substantial renovations, contractors, staging and months of work.A direct buyer evaluates the property differently.Private Luxury Home Sales considers properties as-is, including residences requiring updates or significant renovation. That can be particularly relevant when an older homeowner or the homeowner's family doesn't want to oversee a major renovation before selling.Which Senior Clients Might Benefit From Knowing About This Option?You don't need to determine whether a private sale is right for your client.You simply need to recognize situations where having another option could be valuable.Consider the homeowner who is:Downsizing from a large luxury residence. Transitioning into independent or assisted living. Moving closer to adult children. Managing a home after the death of a spouse. Selling an inherited luxury or waterfront property. Handling a property through an estate or trust. Living out of state while responsible for a parent's Florida property. Facing substantial deferred maintenance or renovation. Concerned about privacy and public exposure. Looking for greater certainty about the timing of the sale. Those are situations where understanding both the public-market and private-sale alternatives can help a family make a more informed decision.What's the Most Important Question to Ask Your Client?There is one question professionals can ask that may reveal a great deal:What matters most to you when the home is sold?Listen carefully to the answer.Is it achieving maximum exposure to the marketplace?Maintaining privacy?Avoiding repairs?Controlling the closing date?Avoiding repeated showings?Reducing uncertainty?Making the transition as simple as possible?There isn't one correct answer.The homeowner's priorities should help determine which selling strategy deserves consideration.Private Sale vs. Traditional Luxury ListingA private direct sale and a traditional luxury listing serve different objectives.Traditional public marketing provides broader exposure to potential buyers and may create greater price discovery and competition.A private direct sale can emphasize privacy, simplicity, convenience, an as-is transaction and greater certainty about the process.Neither approach should automatically be assumed to be right for every senior homeowner.The value to your client comes from understanding that there is more than one option.One More Resource for Your Professional ToolboxProfessionals serving seniors don't need to become real estate experts.But they are frequently the first people to recognize a problem.A senior living advisor may hear:Mom is ready to move, but we don't know what to do with the house.An elder law attorney may be helping a family deal with an estate containing a multimillion-dollar residence.A move manager may discover that preparing a 4,000-square-foot waterfront home for the market is becoming overwhelming.A financial advisor may have a client whose largest single asset is a luxury property.Knowing that a confidential direct-sale option exists gives you another resource to share with the family.Private Luxury Home Sales specializes in select luxury, waterfront and distinctive properties throughout Sarasota and Florida's Gulf Coast. Its Seniors Blue Book profile specifically includes waterfront estates, Gulf and bayfront homes, boating properties, inherited luxury homes, second homes and properties requiring substantial updating. When You Encounter the Right ClientIf you're working with a senior or family who owns a luxury or waterfront property, consider asking one additional question:Would they like to understand their private-sale option before deciding how to sell the property?There is no obligation to accept an offer simply because the property is evaluated.Sometimes the homeowner will determine that traditional market exposure is the better choice.Sometimes privacy, simplicity and certainty will matter more.Either way, knowing the options before making the decision is valuable.Private Luxury Home SalesSarasota & Florida Gulf CoastPrivate Direct As-Is Close on Your Timeline For more information, please contact Jeff Nemeth at 941-202-6957
Life can take you anywhere until knee arthritis pain slows you down. Whether its walking, golfing, traveling, or playing with your grandkids, the activities you love shouldnt be limited by chronic knee pain. So, whats the solution?For many, knee replacement surgery is an effective option to reduce pain from arthritis and continue to live an active life. The great news is that there are several different types of knee replacement surgery, as well as advanced surgical techniques that can even speed up your healing.Whether you're just beginning to explore treatment options or preparing for surgery, our board-certified orthopedic surgeons at AdventHealth can help you understand the different types of knee replacement procedures and what to expect throughout your recovery journey.Who Needs Knee Replacement SurgeryThe leading cause of knee replacement surgery is osteoarthritis, a degenerative condition that gradually wears down the cartilage in the knee joint. As the damage progresses, pain and stiffness can worsen over time, making everyday activities increasingly difficult.Common symptoms of knee osteoarthritis include:Gradual knee pain that worsens with activityKnee stiffnessKnee swellingPain after extended sitting or restingKnee pain that continues to get worseIf you have osteoarthritis, your doctor will start by offering the most conservative treatments to alleviate your pain.Some initial treatments for knee osteoarthritis might include:Weight lossPhysical therapyAnti-inflammatory medicationsCortisone injectionsViscosupplementation or gel injectionsIf these strategies are not helpful and your condition worsens, your doctor might offer knee replacement surgery as a promising option to reduce pain and return to the active life you love again.Types of Knee Replacement SurgeryNot every knee replacement is the same. While a total knee replacement restores the entire joint with an artificial implant, some patients may qualify for a partial knee replacement, which replaces only the damaged portion of the knee and preserves more of the natural joint.What to Expect Before Knee Replacement SurgeryOnce you and your surgeon have worked together to decide the right treatment plan for you, youll likely need to make an appointment with your primary care doctor to assess your general health and clear you for surgery. You may also need an evaluation and clearance from your dentist.Once this step is completed, youll be able to schedule your knee replacement surgery appointment. You may also need a CT scan of your knee so your surgeon can more precisely customize your replacement to most naturally fit your knee anatomy and movement.In preparation, make sure you have someone who can take you to your surgery appointment and be there as your caregiver after the procedure. This person will be able to drive you home, get any prescribed medications and help maintain your comfort after surgery.Your medical team might also advise you to stop taking certain medications (such as blood thinners, NSAIDs like aspirin or other supplements) up to a week before your surgery date. Youll also be advised to fast prior to surgery. In most cases, you cant have anything to eat or drink (including water) after midnight on the night before your surgery.Some other ways to prepare your home ahead of time include:Setting up your comfortable space for resting and elevating your legClearing the floor and pathways of fall and trip risks such as rugsHaving ice packs frozen and ready for when you return homeWhat to Expect During Knee Replacement SurgeryYour exact recovery will depend on exactly what type of procedure you are having as well as your overall health. Some patients may have outpatient knee replacement surgery and go home the same day. This is especially true for minimally invasive surgical procedures. Other knee replacement procedures may require you to stay in the hospital from one to four days.On the day of surgery, you'll be prepped for the procedure and given anesthesia. Most knee replacement surgeries take about one to two hours to complete. Afterward, you'll recover under close observation before receiving instructions on pain management, medications, physical therapy and follow-up care. To help you safely regain mobility, you'll likely use crutches or a walker during the early stages of recovery.What to Expect After Knee Replacement SurgeryYour surgeon will provide you with a follow-up appointment and a prescription for physical therapy. Physical therapy after surgery is essential to regain your strength and get optimal results from your knee replacement. Physical therapy usually begins immediately after surgery and may continue for up to six weeks.After roughly six weeks, most knee replacements are up to 80% healed. After three months, most achieve 90% healing and by one year, most patients are back to their active lifestyle with nearly complete knee function and comfort.Whole-Person Orthopedic CareOur orthopedic experts offer advanced knee replacement options that put your whole-health first. To learn more about the services we offer, visit AdventHealthPortCharlotte.com.
Looking for comfortable, worry-free senior living in Sarasota? Suncoast Club at Prestancia offers assisted living and memory care options in a beautiful community designed to provide comfort, convenience, and connection.With shared apartments starting at $3,875, residents can enjoy all-inclusive pricing that includes utilities, three meals each day, weekly cleaning, linens and laundry, daily trash pickup, and assistance with daily activities such as dressing, grooming, and showering.Suncoast Club at Prestancia offers a variety of room options, including private standard suites, one-bedroom/one-bath apartments, and one-bedroom/two-bath apartments. Additional services and accommodations are also available to help meet individual needs.Residents can enjoy inviting common areas, comfortable dining spaces, beautiful surroundings, and opportunities for social engagement and activitiesall while receiving personalized support in a welcoming environment.Located at 3749 Sarasota Square Blvd., Sarasota, FL 34238, Suncoast Club at Prestancia provides assisted living and memory care with a focus on helping residents enjoy each day with comfort and peace of mind.Call 941-922-1669 or visit SuncoastClubSL.com to learn more and schedule a visit.