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A QTIP trust, which stands for Qualified Terminable Interest Property trust, allows a spouse to receive income from the trust's assets during their lifetime. Upon the death of the surviving spouse, the trust assets pass to designated beneficiaries. This arrangement ensures that the surviving spouse is financially supported, while specifying how the remaining assets are distributed later.
John and Mary are in their second marriage. John has children from his first marriage and wants to ensure they inherit his estate after his and Mary's death. He creates a QTIP Trust which will provide Mary with income for life after his death, and upon Mary's death, the remaining assets will go to his children.
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. At the beneficiary spouse's death, the trust's remainder will go to the grantor spouse's children or wherever the grantor has decided.
Under a QTIP trust, income is paid to a surviving spouse while the balance of the funds is held in trust until that spouse's death. At that point, the remainder is paid to the beneficiaries specified by the grantor.
Qualified terminable interest trusts (QTIP trusts) are an estate planning tool used to maximize a couple's 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.
The special QTIP trust can save the day. Legally, to qualify as a QTIP trust, the trust is required to pay all of its income to the spouse beneficiary, and there can't be any other beneficiaries during that spouse's lifetime.