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.
Portability (transfer to spouse) |
Credit shelter trust |
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. |
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. |
Assets can be subject to creditor claims. |
Assets are typically protected from creditor claims. |
Assets may be subject to state estate taxes. |
Assets may not be subject to state estate taxes. |
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. |
Portability exclusion does not apply to federal GST taxes. |
With proper planning, assets may not be subject to GST taxes. |
What is a step-up in cost basis?
Cost basis generally is the price you paid for an asset. If you buy a stock for $5 per share, your basis is $5. If you still own that stock at death and the fair market value is $10, your estate may get a step-up in basis to the fair market value at your death. So, your estate holds the stock with a $10 basis, allowing your estate to pass assets to your beneficiaries at the new basis or to sell the asset, potentially without capital gain. This typically means less income tax burden for your beneficiaries as they inherit your assets.
Review your plan regularly
During the past 10 years, estate tax laws have constantly changed. That’s why it’s important to remain diligent when working toward your long-term investing and estate goals.
It’s important to review your estate plan every three to five years. You should also review it when changes in estate tax law occur or when your life circumstances change, such as a birth, marriage, divorce or death in the family.
Chad Choate III, AAMSTM Financial Advisor
828 3rd Ave W
Bradenton, FL 34205-8665
941-462-2445
Your estate-planning attorney, tax advisor and financial advisor can work with you to determine what’s best for your situation.
From the bottom of my heart, thank you. Your support as a valued sponsor means more to me and our team at My Care Finders than words can truly express. This open house and ribbon-cutting celebration is such a special milestone not just for our business, but for the community were so honored to serve. And it wouldnt be possible without you. Your belief in what we do helping families navigate senior care with compassion, clarity, and purpose is what fuels us every day. Knowing that we have partners like you standing beside us makes all the difference. Were expecting a wonderful turnout, and we truly believe this will be a joyful, memorable event for everyone involved. Light bites, music, laughter, and connection a true celebration of community. Attached is our event flyer created by Jesse, the owner of My Sanctuary of Wellness. A HUGE shoutout to Jesse for your patience and constantly updating the flyer when needed Thank you Jesse!!!!! Please be sure to bring your own table and chairs. Wed love it if you could help us spread the word by sharing it on Facebook and other social media outlets, along with your friends, family, colleagues, and even your patients. The more, the merrier! Lets make this an unforgettable evening. Additionally, our assistance, Becca will be sending each of you our w-9, along with an invoice for the event. Thank you again for being such an important part of this journey. I cant wait to celebrate with you!With sincere gratitude,Heather Tetrault
BrightStar Care of Venice & Port Charlotte- has won Best of Home Care Leader of Excellence , Provider of Choice and Employer of Choice for 2025 by Home Care Pulse. These are difficult awards. We are very proud of them.We can help your patients whenever they need home care to stay safe at home. No minimums- 1hr up to 24/7 careJoint Commission Gold Seal of Approval Our BrightStar Care location has earned accreditation from the Joint Commission, which validates that we follow their requirements for the highest level of safety and care.Best of Home Care Leader in Experience 2025 Recognizes our location as earning satisfaction levels in the top 5% based on caregiver training, compassion and communication.Best of Home Care Provider of Choice 2025 Indicates high satisfaction levels of our clients regarding our trustworthiness and ability to provide outstanding in-home care.Best of Home Care Employer of Choice 2025 Happy employees deliver better care. This award distinguishes us as best-in-Class for caregiver satisfaction. The Joint Commission Enterprise Champion for Quality Because of the commitment to quality standards from our local offices, were the only national home care brand that consistently earns the Enterprise Champion for Quality award from the Joint Commission. This independent, nonprofit organization accredits the nations best hospitals and major health care systems.
Your chronological age and your biological age dont necessarily match. Around the ages of 44 and 60 the aging process accelerates in what has been dubbed a biomolecular shift, which dramatically impacts health and internal aging. Researchers discovered these two bursts of aging during the human lifespan, singling out the mid-forties and early sixties as key periods. But the greater shift in biological aging happens during your early sixties.However, out of this seemingly bad news is some hope. Now that science has pinpointed when these changes occur, it could help researchers uncover what is driving chronic disease as we age, potentially leading to earlier diagnosis or even strategies for prevention. So exactly what is going on during these periods of rapid biological aging, how do they impact health, and what can you do to be proactive? Lets break it down.Aging Isnt Primarily GradualYou can no longer assume that aging happens gradually. Ever notice that some people seem to age overnight or are really showing their age? While there is obviously gradual decline, more dramatic changes happen quickly and during certain periods of life. It all comes down to the molecules that make up your physical body. These individual molecules are what age, and studies reveal that they undergo greater change at certain ages, making aging non-linear or not so much gradual over time.How Periods of Rapid Biological Aging Impact HealthIn both your mid-forties and early sixties most people experience molecular level changes related to skin and muscle aging, cardiovascular disease, and the metabolizing of caffeine. This is why people tend to start or increase cholesterol or blood pressure medications during these times of life.Researchers also noted differences between the two periods of biological aging. People in their forties had a greater shift in relation to fat and alcohol metabolism, while those in their sixties underwent shifts related to immune regulation, carbohydrate metabolism, and kidney function.These facts seem to correlate with experience as many people in their sixties are less able to fight off sickness and are even more prone to weight gain and kidney trouble or even kidney failure. Cancer rates tend to spike around this time as the immune system is less able to fend off the invasive cancer cells. Cases of heart disease also rise during this time as people struggle more with their weight and rising cholesterol levels.Less expected, however, was the evidence of rapid aging during the mid-forties. But it becomes more understandable as you consider what characterizes the lives of most people during this life stage. Lifestyle makes a difference and life moves at a rapid pace during your forties. Often this is a time of busy family and work schedules, high work stress, divorce, and weight gain. You often have less time for self-care during these frantic years, and all combined, this shifts your body into a period of rapid molecular aging.Combat Biological Aging with Proactive StepsYou obviously cant stop the aging process but its possible to slow it down. The steps to achieve this arent all new or innovative. In fact, it involves putting common knowledge into practice which many people resist, at least until later life. Here are some unsurprising practical tips for slowing biological aging: Avoid weight gainEat more fruits and vegetablesControl diabetes and high blood pressureStay physically activeDont smoke And the way to prevent or avoid diabetes and high blood pressure is to limit sugar, processed carbohydrates, and saturated fats. If youre in your 40s, in addition to the above, its also beneficial to monitor and minimize your cholesterol levels, exercise to build muscle mass, and limit or avoid alcohol. For additional ways to combat aging, read our article, How to Live Longer: 12 Life-Boosting Habits to Start NowThe best rule of thumb is not to wait until your health begins to decline before making these changes. Adjust your lifestyle while youre still healthy, and you will see the biggest payoff. However, its never too late to start living with your health in mind, because changes at any stage will make a positive difference.Key Takeaways About Biological Aging in Your 40s and 60sScience previously thought that the human body aged gradually in linear fashion, but recent studies show that aging on a molecular level occurs rapidly during the mid-forties and early sixties. During your forties, this change is often due to lifestyle changes that can be altered for better outcomes. You can slow the aging process during midlife with regular exercise and a diet rich in produce and low in saturated fat and processed carbohydrates.
Hello, I'm Chad Choate a dedicated financial advisor in Bradenton, FL, I began my career with Edward Jones in 2017. As a financial advisor, I want to find out what's important to you and help you build personalized strategies to achieve your goals. As a lifelong Manatee County resident, I graduated from the University of South Florida and was a teacher in Manatee County before joining Edward Jones. My driving force is to change people's lives in a positive way, and what better place than my home to do that. Whether you're planning for retirement, saving for college for children or grandchildren or just trying to protect the financial future of the ones you care for the most, we can work together to develop specific strategies to help you achieve your goals. We will also monitor your progress to help make sure you stay on track or determine if any adjustments need to be made. Throughout it all, we're dedicated to providing you with top-notch client service. But we're not alone. Thousands of people and advanced technology support from our office can help ensure you receive the most current and comprehensive guidance. In addition, we welcome the opportunity to work with your attorney, accountant and other trusted professionals to deliver a comprehensive strategy that leverages everyone's expertise. Working together, we can help you develop a complete, tailored strategy to help you achieve your financial goals. I currently volunteer with the Manatee Hurricane football Broadcast and Booster Club, serve on my church's trustees council and have previously served as a leader in Young Life. I am a member of the Manatee Chamber of Commerce and an alumnus of their Leadership Manatee program. I have been married to my childhood sweetheart, Ashley, for 15 years and we have a son, Wesley, and daughter, Camryn. We enjoy watching our children play their sports and traveling as a family.
Hello, I'm Chad Choate a dedicated financial advisor in Bradenton, FL, I began my career with Edward Jones in 2017. As a financial advisor, I want to find out what's important to you and help you build personalized strategies to achieve your goals. As a lifelong Manatee County resident, I graduated from the University of South Florida and was a teacher in Manatee County before joining Edward Jones. My driving force is to change people's lives in a positive way, and what better place than my home to do that. Whether you're planning for retirement, saving for college for children or grandchildren or just trying to protect the financial future of the ones you care for the most, we can work together to develop specific strategies to help you achieve your goals. We will also monitor your progress to help make sure you stay on track or determine if any adjustments need to be made. Throughout it all, we're dedicated to providing you with top-notch client service. But we're not alone. Thousands of people and advanced technology support from our office can help ensure you receive the most current and comprehensive guidance. In addition, we welcome the opportunity to work with your attorney, accountant and other trusted professionals to deliver a comprehensive strategy that leverages everyone's expertise. Working together, we can help you develop a complete, tailored strategy to help you achieve your financial goals. I currently volunteer with the Manatee Hurricane football Broadcast and Booster Club, serve on my church's trustees council and have previously served as a leader in Young Life. I am a member of the Manatee Chamber of Commerce and an alumnus of their Leadership Manatee program. I have been married to my childhood sweetheart, Ashley, for 15 years and we have a son, Wesley, and daughter, Camryn. We enjoy watching our children play their sports and traveling as a family.
Hello, I'm Chad Choate a dedicated financial advisor in Bradenton, FL, I began my career with Edward Jones in 2017. As a financial advisor, I want to find out what's important to you and help you build personalized strategies to achieve your goals. As a lifelong Manatee County resident, I graduated from the University of South Florida and was a teacher in Manatee County before joining Edward Jones. My driving force is to change people's lives in a positive way, and what better place than my home to do that. Whether you're planning for retirement, saving for college for children or grandchildren or just trying to protect the financial future of the ones you care for the most, we can work together to develop specific strategies to help you achieve your goals. We will also monitor your progress to help make sure you stay on track or determine if any adjustments need to be made. Throughout it all, we're dedicated to providing you with top-notch client service. But we're not alone. Thousands of people and advanced technology support from our office can help ensure you receive the most current and comprehensive guidance. In addition, we welcome the opportunity to work with your attorney, accountant and other trusted professionals to deliver a comprehensive strategy that leverages everyone's expertise. Working together, we can help you develop a complete, tailored strategy to help you achieve your financial goals. I currently volunteer with the Manatee Hurricane football Broadcast and Booster Club, serve on my church's trustees council and have previously served as a leader in Young Life. I am a member of the Manatee Chamber of Commerce and an alumnus of their Leadership Manatee program. I have been married to my childhood sweetheart, Ashley, for 15 years and we have a son, Wesley, and daughter, Camryn. We enjoy watching our children play their sports and traveling as a family.