A Washington Qualified Domestic Trust Agreement, also known as a DOT Agreement, is a legal arrangement designed to provide tax advantages for non-U.S. citizen surviving spouses who inherit property from a U.S. citizen spouse. This trust agreement ensures that the estate tax imposed on the property transferred to the surviving spouse is deferred until the spouse's death or when they dispose of the assets. A DOT Agreement has several requirements that must be met to qualify for tax advantages. The trustee must be a U.S. citizen or a domestic corporation, and the trust must meet specific Internal Revenue Service (IRS) regulations. Additionally, the trust must be approved and administered according to Washington state laws. Washington offers different types of Qualified Domestic Trust Agreements, depending on the specific needs and circumstances of the individuals involved. One of the main variations is whether the DOT is established as an irrevocable or a revocable trust. An irrevocable DOT Agreement cannot be altered or terminated without the consent of all parties involved. Conversely, a revocable DOT Agreement allows for modifications or revocation at the granter's discretion. Another distinction lies in the funding requirements of the DOT Agreement. In Washington, there are funded and unfunded Dots. A funded DOT refers to a trust that contains assets or property transferred from the deceased U.S. citizen spouse's estate. On the other hand, an unfunded DOT does not hold any assets initially but can be funded later. To ensure compliance with the relevant laws and regulations, it is advisable to seek the guidance of a knowledgeable estate planning attorney or tax professional when establishing a Washington Qualified Domestic Trust Agreement. These professionals can help navigate the complex requirements and tailor the agreement to suit the specific circumstances and goals of the involved parties while maximizing tax benefits and asset protection for the surviving non-U.S. citizen spouse.
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.