
Inter Vivos QTIP Trust with Principal to Donor's Children on Spouse's Death Form


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People also ask
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What is the disadvantage of a QTIP trust?
What Are the Potential Drawbacks of a QTIP Trust? Limited Access: The surviving spouse generally receives income generated but might have restricted access to the trust's principal, which could be limiting in case of financial difficulties.
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Do assets in a QTIP trust get a step up?
Q: Does a QTIP trust get a step up in basis? Under current US tax law, QTIP trusts may benefit from a double step-up. That means there will be an initial step-up when the first spouse passes away and the assets are transferred to the trust, followed by a second step-up when the surviving spouse passes away.
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Why would someone set up a QTIP trust?
The QTIP trust serves like a “crystal ball” for the uncertainty of the future in marital trust planning. Not only does it provide for your surviving spouse and other loved ones after your death, but it also offers flexibility to your executor in maximizing your federal estate tax savings.
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Who pays taxes on QTIP trust?
The income paid to the surviving spouse from the QTIP trust qualifies for marital deduction. That means that the assets in the trust are not taxable after the first spouse's death. Instead, the property becomes taxable after the second spouse's death, with this liability transferring to the named beneficiaries.
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How is income distributed in a QTIP marital trust?
A QTIP is required to pay all of its income to the spouse beneficiary. There can be no other beneficiaries until that spouse passes away.
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Who is the grantor of an inter vivos QTIP trust?
These types of QTIP trusts are called inter vivos (during lifetime) QTIP trusts. The grantor spouse (usually the wealthier spouse) puts property into the QTIP trust for the benefit of the other spouse (the “beneficiary”) during the beneficiary spouse's lifetime.
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Is a QTIP trust included in the surviving spouses estate?
Upon the death of the surviving spouse, the remaining assets in the QTIP trust are included in their estate, at which point estate taxes may apply. However, the deferral gives the couple more time to take advantage of tax planning strategies and potentially reduce the overall tax burden.
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What are the downsides of a QTIP trust?
One disadvantage is that the grantor cannot change their mind about the trust after it has been created. Another disadvantage is that the trustee must manage the property following the terms of the trust, which can be complex. Finally, a QTIP trust can be expensive to set up and maintain.
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