New Jersey Marital-deduction Residuary Trust with a Single Trustor and Lifetime Income and Power of Appointment in Beneficiary Spouse
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How to fill out Marital-deduction Residuary Trust With A Single Trustor And Lifetime Income And Power Of Appointment In Beneficiary Spouse?
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FAQ
A Marital Trust is an irrevocable trust that allows for estate tax deferral and possibly elimination. On the other hand, a family trust is generally revocable and will not achieve the same estate tax benefits.
A QTIP trust offers more control to the grantor but less control to the surviving spouse compared to marital trust. The surviving spouse cannot choose final beneficiaries and has limited control over the assets, receiving only trust income in ance with the IRS laws.
Primary tabs A residuary beneficiary is a person who receives any property from a will or trust that is not specifically left to another designated beneficiary.
The first trust (the ?marital? trust) is for the surviving spouse, and the second trust (the ?bypass? or ?residual? trust) is typically for the couple's heirs. The surviving spouse can access the residual trust or receive income from it during their lifetime, but it does not belong to them.
Property interests passing to a surviving spouse that are not included in the decedent's gross estate do not qualify for the marital deduction. Expenses, indebtedness, taxes, and losses chargeable against property passing to the surviving spouse will reduce the marital deduction.
An example of when a marital trust might be used is when a couple has children from a previous marriage and wants to pass all property to the surviving spouse upon death, but also provide for their individual children.
A marital deduction trust is a trust where transfers of property between married partners are free of federal transfer tax. A marital deduction trust can take one of two forms: A life estate coupled with a general power of appointment given to the spouse, or. A Qualified Terminable Interest Property (QTIP) trust.
In order to qualify the trust instrument must provide that at least one trustee be a United States citizen or domestic corporation, and that any distribution from the trust principal be subject to the United States trustee's right to withhold the estate tax due on the distribution.