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. |
Digital what? Footprint? You may be thinking thats what you leave behind at the beach. While that may be correct, it is also what you leave behind every time you provide your email, set up a new online account, or allow your data to be tracked. Your digital footprint is the trail you leave behind with Location services on your phone. It is the data you leave behind when commenting on Aunt Sallys Facebook page, sharing your familys vacation pictures on Instagram, or traipsing around the internet to various sites looking for that cute Lladro figurine your mother wanted for Christmas. All of it tells something about you whether you realized it was happening or not.Most of the time, the sharing of your data what you do, how you do it, etc. may not be a big deal. Or is it? The reality is that your data supports big business every day. It is collected, bought and sold (mostly without your knowledge) by data brokers (i.e., Acxiom, Epsilon), credit and identity bureaus (i.e., Experian, Equifax, TransUnion), and Big Tech Companies (i.e., Google, Amazon, Meta, Microsoft, Apple) that share your data with their partners and ad networks.The danger to you is when there is a data breach at one of the many sites that has your data and your data is captured and posted on the dark web. This enables nefarious characters to better target you for scams and potentially steal your identity. Call Lily in the Details today 941-237-0157 and schedule Understanding Your Digital Footprint, Navigating the Online World Safely and Wisely for your community.
By Dr. David RiceSouthwest Florida is home to more than 100,000 veterans, according to the U.S. Department of Veterans Affairs.They own homes, manage businesses and pay taxes here. They volunteer at local nonprofits and donate to local causes. They are the core of our community.Nearly every day, at least one veteran walks into Advocate Radiation Oncology for treatment. Cancer impacts people from every background, including veterans. Even the most hardened veterans struggle with a cancer diagnosis, which is understandable; no one is invincible and cancer generates a wave of emotions shock, anxiety, frustration, fear and stress.Over the years, veterans in Charlotte and Sarasota counties have found an ally inside the treatment room Dr. Brian Lawenda. A board-certified, Harvard-trained physician who completed medical school at Temple University, Lawenda has all the credentials to help a patient feel confident that they're in good hands, medically speaking. Then they find out something else about their physician. He is a veteran, too, having served this country 13 years with the U.S. Navy and attaining the rank of commander."When I enlisted, I took an oath to serve this country and uphold the U.S. Constitution," Lawenda said. "When I became a doctor, I pledged to dedicate my practice to patients and the community I serve, and it's especially gratifying when those patients are fellow veterans."The best doctors don't just treat symptoms; they connect with patients, usually through shared experiences they're from the same state, cheer for the same sports team or attended the same university. Lawenda's military experience helps create an instant doctor-patient bond that continues during treatment and beyond. In fact, Lawenda has become the region's go-to radiation oncologist for veterans, not just Navy veterans, but those who have admirably served across all six branches of the military."When he told me he served in the Navy, it gave me comfort," said Ret. Command Master Chief Scott Fusco, a North Port resident who recently completed prostate cancer treatments at Advocate. "I had absolute trust in him from that point on."Lawenda wasn't the only veteran on Fusco's care team, either. His urologist also served in the Navy and referred Fusco to Dr. Lawenda for treatment."We served at different times and places, but we're all part of the same team," Fusco said. "They've been there, done that, just like me. There is instant respect, instant trust."Lawenda, who sees patients at Advocate's cancer treatment centers in Port Charlotte and Venice, specializes in the treatment of prostate, lung, breast, head and neck, rectal, liver, bone, cervical and other types of cancers. Although Lawenda doesn't technically specialize in the treatment of veterans, he is especially proud to support patients like Fusco on their cancer journey."A veteran may retire or end their military service, but he or she will never stop serving this country and their community," Lawenda said. "Being able to help local veterans beat cancer is extremely gratifying and certainly rewarding. The military is a brotherhood and a sisterhood, and I'll continue fighting for my brothers and sisters."About the AuthorDr. David Rice is a board-certified radiation oncologist who sees patients through Advocate Radiation Oncologys cancer treatment centers in Port Charlotte and Venice. Visit AdvocateRO.com for more information.
Managing diabetes is more than watching your blood sugar. Its about staying active, maintaining your strength, and continuing to enjoy the activities you love.Diabetes affects millions of older adults and can have a significant impact on overall health, mobility, and independence. As we age, managing diabetes becomes especially important because it can increase the risk of falls, nerve damage, muscle weakness, and other health complications.The good news? With the right support, regular physical activity, and a personalized treatment plan, older adults living with diabetes can take meaningful steps toward better health and a more active lifestyle.Why Is Exercise So Important for Diabetes?When you have diabetes, your body has difficulty regulating blood sugar levels. Physical activity helps your muscles use glucose for energy, which can improve blood sugar control.Regular exercise can also help:Improve muscle strength: Maintain the strength needed for walking, climbing stairs, and completing everyday activities.Improve blood sugar management: Help your body use insulin more effectively.Support heart health: Improve circulation and help manage blood pressure.Improve balance: Reduce the risk of falls and injuries.Maintain independence: Make daily activities such as dressing, bathing, cooking, and shopping easier.Increase energy and confidence: Help you feel stronger and more comfortable staying active.Even small amounts of movement throughout the day can make a difference!How Can Physical and Occupational Therapy Help?For many older adults, beginning an exercise program can feel overwhelming, especially when dealing with joint pain, weakness, balance problems, or other medical conditions.Thats where FOX Rehabilitation can help.FOX provides personalized physical and occupational therapy designed to help older adults safely improve their mobility, strength, and ability to perform everyday activities.A physical therapist can evaluate your walking, balance, endurance, and muscle strength to develop an exercise program that meets your individual needs.An occupational therapist can help you find safer, easier ways to perform everyday tasks while improving your ability to remain independent at home.Together, these professionals can help address the physical challenges associated with diabetes, including decreased sensation in the feet, muscle weakness, and difficulty with balance.The Benefits Go Beyond Blood SugarResearch has shown that structured exercise programs can help people with Type 2 diabetes improve their blood sugar control, preserve muscle mass, and increase overall strength.Regular physical activity may also improve blood pressure and reduce the risk of certain diabetes-related complications.Most importantly, staying active can help older adults maintain the freedom to do what matters most whether thats spending time with grandchildren, enjoying a walk with friends, gardening, or simply moving safely around their homes.Therapy That Comes to You!One of the greatest benefits of FOX Rehabilitation is that therapy can take place right in the comfort of your own home.FOX provides physical, occupational, and speech therapy through Medicare Part B for eligible individuals.You do not have to be homebound or recently hospitalized to receive services.This means older adults who may benefit from skilled therapy can receive personalized care in their familiar surroundings without having to travel to an outpatient clinic.Take the First Step Toward Better HealthLiving with diabetes doesnt mean giving up the activities you enjoy. With proper management, regular movement, and professional guidance, you can continue building strength, improving mobility, and maintaining your independence.Before beginning a new exercise routine, speak with your healthcare provider, particularly if you have diabetes-related complications or take medications that can cause low blood sugar.Remember: Its never too late to get stronger, move better, and take control of your health!