Ohio Qualified Domestic Trust Agreement (OEDT) is a legal arrangement designed to help individuals minimize estate taxes by allowing the establishment of a trust for the benefit of a surviving non-citizen spouse. This arrangement is particularly important when the non-citizen spouse is not eligible for the unlimited marital deduction, which would otherwise defer the estate taxes until the death of the surviving spouse. The Ohio Qualified Domestic Trust Agreement enables the non-citizen spouse to become a beneficiary of the trust, preserving their access to income and principal distributions while fulfilling certain qualifying requirements. This trust structure allows the surviving spouse to receive the income generated by the trust assets and, in some cases, principal distributions to maintain their standard of living. However, estate taxes on these assets are deferred until the non-citizen spouse passes away. There are two types of Ohio Qualified Domestic Trust Agreements: 1. Stand-Alone Ohio Qualified Domestic Trust: This type of trust is established independently of any other estate planning document. It is strictly focused on providing a tax-efficient solution for non-citizen spouses. Assets placed in this trust are subject to estate taxes, but the surviving spouse's access to the income and principal distributions is ensured. 2. Ohio Qualified Domestic Trust as a Testamentary Trust: This trust is created under a Last Will and Testament and only takes effect upon the death of the granter. It is designed to address estate tax concerns by providing a structure for the non-citizen surviving spouse, ensuring they receive the necessary financial support while minimizing estate tax liability. This testamentary trust offers more flexibility and control, as the granter can determine the terms of distribution and successor beneficiaries. To establish an Ohio Qualified Domestic Trust Agreement, certain criteria must be met. The trust must be irrevocable, have at least one trustee who is an Ohio resident or an Ohio financial institution, and comply with specific federal requirements. Moreover, there must be a provision in the trust document that allows the trust to elect to be a Qualified Domestic Trust (DOT). Overall, an Ohio Qualified Domestic Trust Agreement can be a crucial component of an estate plan for individuals with non-citizen spouses. It provides a tax-efficient solution that ensures the non-citizen spouse can benefit from the trust assets while minimizing estate tax liability. Whether choosing a stand-alone trust or a testamentary trust, engaging with an experienced estate planning attorney is highly recommended navigating the complex legal requirements and tailor the trust to one's specific circumstances.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.