3 The Qualified Terminable Interest Property Marital Deduction Trust 2025

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A QTIP Trust (Qualified Terminable Interest Property Trust) is an estate planning tool that provides income to your surviving spouse while controlling who inherits the trust assets after their death. Updated August 13, 2024.
In general, qualified terminable interest property is property in which the spouse receives a qualifying income interest for life, and with respect to which the executor makes an election to treat the property as QTIP.
QTIP Trust Disadvantages Limited Allocations: A QTIP trust requires that the surviving spouse be the only beneficiary during their lifetime. This means your surviving spouse cannot directly allocate the trusts income or principal across multiple generations.
The QTIP (Qualified Terminable Interest Property) trust has two purposes. One aim is to leave the bulk of an estate to someone other than a spouse or to control disposition over the property after the spouse dies. The second aim is to take full advantage of the unlimited marital deduction in Federal estate tax law.
A QTIP trust can be a valuable estate planning tool for married individuals with children from a previous marriage. This type of trust provides financial security for your spouse after your passing, while preserving assets and offering potential tax benefits.
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Qualified terminable interest trusts (QTIP trusts) are an estate planning tool used to maximize a couples applicable exclusion amounts while qualifying for the marital deduction. Full property interest transfers to spouses do not trigger most gift or estate taxes under the marital deduction.
Example: Jim sets up a QTIP trust, naming his wife Janice as the life beneficiary and his sons from a previous marriage as the final beneficiaries. Jim dies first, leaving Janice a life estate in the assets that are left to the QTIP trust, their house, and some investment accounts.

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