Hawaii Inter Vivos QTIP Trust with Principal to Donor's Children on Spouse's Death

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Description

A trust is a fiduciary relationship in which one party holds legal title to another's property for the benefit of a party who holds equitable title to the property. An inter vivos trust is a trust that becomes effective during the lifetime of the person creating the trust (the settler or trustor).


A qualified terminable interest property trust, often referred to as a "QTIP" trust, allows a bequest to a spouse in trust that, after a proper election by the beneficiary spouse, qualifies for the unlimited marital deduction:


" if the beneficiary spouse is entitled to all of the income from the trust property,

" if the income is payable annually or at more frequent intervals, and

" if no person, including the beneficiary spouse, has the power to appoint any part of the qualifying property to any person other than the beneficiary spouse during the beneficiary spouse's lifetime.


In order that the property transferred to a surviving spouse by means of an inter vivos marital deduction trust qualify for the marital deduction, the property must be includible in the trustor's gross estate for federal estate tax purpose.

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  • Preview Inter Vivos QTIP Trust with Principal to Donor's Children on Spouse's Death
  • Preview Inter Vivos QTIP Trust with Principal to Donor's Children on Spouse's Death
  • Preview Inter Vivos QTIP Trust with Principal to Donor's Children on Spouse's Death
  • Preview Inter Vivos QTIP Trust with Principal to Donor's Children on Spouse's Death
  • Preview Inter Vivos QTIP Trust with Principal to Donor's Children on Spouse's Death
  • Preview Inter Vivos QTIP Trust with Principal to Donor's Children on Spouse's Death
  • Preview Inter Vivos QTIP Trust with Principal to Donor's Children on Spouse's Death
  • Preview Inter Vivos QTIP Trust with Principal to Donor's Children on Spouse's Death
  • Preview Inter Vivos QTIP Trust with Principal to Donor's Children on Spouse's Death
  • Preview Inter Vivos QTIP Trust with Principal to Donor's Children on Spouse's Death

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FAQ

26 If a surviving spouse acquires the remainder interest in a trust subject to a QTIP election under section 2056(b)(7) in connection with the transfer by the surviving spouse of property or cash to the holder of the remainder interest, the surviving spouse makes a gift both under section 2519 and sections 2511 and

Qualified Terminable Interest Property Trustee AppointmentsExamples of possible trustees include, but are not limited to, the surviving spouse, a financial institution, an attorney, and other family members or friends.

If the QTIP election is not made, then all the decedent's assets will remain in the Bypass Trust. Let's revisit the example above. H and W created a trust in 2005 that contained a Clayton Election. Thus, when H died in 2020, the estate was worth $30 million.

A qualified terminable interest property trust ("QTIP trust") allows a spouse to give a life estate in property to his or her spouse without incurring the federal gift tax. The donee (recipient) spouse has an income interest in the trust and does not have a power of appointment over the principal.

Depending on the principal invasion standard and nature of assets in the trust, the surviving spouse may be able to act as her own trustee over the QTIP. There are a multitude of reasons why a QTIP trust may make sense for your estate plan.

The QTIP trust names his wife and his son as Co-Trustees. The Trust gives all the income earned therefrom to his wife, and also allows for principal distributions to her for her health, education, maintenance or support. Whatever is left in the trust at her death shall be distributed to his children.

QTIP Trusts function almost the same as Marital Trusts. They're both irrevocable trusts that can only name the surviving spouse as beneficiary during that spouse's lifetime. However, the major distinction between the two is that with a QTIP Trust, the grantor of the trust maintains control of it, even after death.

When you set up a QTIP, you must name a trustee as well as beneficiaries. You can name your spouse to be the trustee, choose one of your adult children, or pick a disinterested third party.

The QTIP trust terminates when the surviving spouse dies, and the assets are distributed to the final beneficiaries. The trust assets are counted as part of the gross estate of the surviving spouse and taxes must be paid if it is valued over the exemption limit.

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Hawaii Inter Vivos QTIP Trust with Principal to Donor's Children on Spouse's Death