Washington 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
One disadvantage is that the grantor cannot change their mind about the trust after it has been created. Another disadvantage is that the trustee must manage the property following the terms of the trust, which can be complex. Finally, a QTIP trust can be expensive to set up and maintain.
At both the federal and state level, there is an unlimited marital deduction to surviving spouses inheriting from the decedent spouse. Thus, any assets passing to the surviving spouse will pass estate tax free.
A QTIP trust is more restrictive than a marital trust, since it limits the surviving spouse's control. The surviving spouse is limited to the income and cannot choose the final beneficiaries of the QTIP trust assets. Estate taxes are deferred until the death of the surviving spouse.
Washington Estate Tax Exemption The threshold for the estate tax in Washington is $2.193 million as of 2021. So if a person's estate is equal to less than $2.193 million, then it won't be taxed by Washington state upon the person's death.
QTIP trusts qualify for the IRS marital estate tax deduction, which allows the surviving spouse to receive assets without paying federal estate taxes. The estate tax is assessed (if the estate is large enough to trigger estate tax in the first place) after the second spouse dies.
A QTIP trust does not qualify for the estate tax marital deduction under traditional tax rules due to its restrictive nature. However, the tax code does permit your executor to claim the marital deduction for amounts transferred to a QTIP trust by making an election on your estate tax return.
Property held in a revocable living trust does not go through probate but is still included in your total estate calculation and, therefore, is subject to taxation.
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.