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Qualified Terminable Interest Property Trust
(redirected from Marital Deduction Trusts)

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Qualified Terminable Interest Property Trust (Q-TIP)
A trust that allows a surviving spouse to receive income generated from the trust, while the actual distribution of the trust's assets is made to other beneficiaries such as the grantor's children.

Qualified Terminable Interest Property Trust
A trust into which the trustor deposits funds and other assets to provide for a surviving spouse while also maintaining control of what happens to those assets after the surviving spouse dies. In a Q-TIP, the trustor names his/her surviving spouse as beneficiary and provides that income and/or principal from the trust shall pass to that spouse upon the trustor's death. However, when the surviving spouse also dies, what remains in the trust is distributed to heirs as if it had been a part of the trustor's estate. A Q-TIP is a common trust when a person has children from a previous marriage; that Q-TIP provides for the surviving spouse but later is transferred to children from one's first marriage to ensure that the estate takes care of them as well.


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Both presidential candidates and Congress have made it clear that the federal estate tax is here to stay, and marital deduction trusts will continue to be an important part of estate planning.
For example, marital deduction trusts must normally distribute all income to the surviving spouse [IRC Sec.
Also this month, the ALI-ABA (Philadelphia, PA) published A Practical Guide to Drafting Marital Deduction Trusts, a hardbound book that explains more than 150 common tax and non-tax issues attorneys may need to consider when drafting and funding marital deduction trusts for federal estate tax purposes.
 
 
 
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