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Who can create a QDOT? The citizen spouse, the personal representative of the deceased citizen spouse, or the surviving noncitizen spouse can create a QDOT.
A QTIP (qualified terminable interest property) is a special kind of trust that allows married people to control distribution of assets to their spouses while still taking advantage of the marital deduction. A QDOT allows the same, but is usually used by couples that have one U.S. citizen and one non-citizen spouse.
QDOT is an abbreviation for qualified domestic trust , which is a trust created for a surviving spouse who is a non-U.S. citizen to qualify for the marital deduction .
For surviving spouses who have not obtained U.S. citizenship for any reason, a QDOT is the best way to preserve marital assets. It is important to comply with all requirements and provisions of the trust for it to remain valid. A QDOT only protects the assets of decedents who have died after November 10, 1998.
The key differences lie in how the assets in the trust are controlled. A QTIP trust gives the grantor control over how the assets within the trust will be distributed after the death of the surviving spouse. A marital trust allows the surviving spouse to dictate how the assets are distributed.