Maine Qualified Domestic Trust Agreement (MEDIA) is a legally binding document that helps in managing and protecting assets for non-U.S. citizen spouses. It is designed to qualify the trust for special tax treatment under the Internal Revenue Code (IRC) Section 2056A, allowing estate tax benefits for non-U.S. citizen surviving spouses. In order to be considered a Maine Qualified Domestic Trust Agreement, certain criteria must be met. Firstly, the trust must be established under Maine state law. Secondly, the trust must meet certain requirements specified in the IRC Section 2056A, such as ensuring that at least one trustee is a U.S. citizen or domestic corporation. This trustee is responsible for ensuring compliance with all relevant regulations and reporting requirements. The primary purpose of a Maine Qualified Domestic Trust Agreement is to provide estate tax benefits by allowing the marital deduction for non-U.S. citizen surviving spouses. Without this trust, non-U.S. citizen spouses would not be eligible for the same tax benefits as U.S. citizens. It allows the assets placed in the trust to qualify for the marital deduction, thereby reducing the potential estate tax liability. There are different types of Maine Qualified Domestic Trust Agreements, such as: 1. Irrevocable Domestic Trust: This type of trust is established with the intention of providing long-term asset protection and estate tax benefits for non-U.S. citizen spouses. It cannot be altered or revoked once created, offering stability and security to the beneficiaries. 2. Revocable Domestic Trust: This trust allows flexibility, as it can be modified or revoked by the granter during their lifetime. However, it becomes irrevocable upon the granter's death, ensuring that the assets are protected and eligible for estate tax benefits for the non-U.S. citizen surviving spouse. 3. Testamentary Domestic Trust: This type of trust is created through a will and goes into effect upon the granter's death. It allows assets to be transferred into the trust and receive the necessary benefits for the non-U.S. citizen spouse, reducing the estate tax burden. It is crucial to consult with an experienced estate planning attorney when considering a Maine Qualified Domestic Trust Agreement. They can provide specific guidance based on individual circumstances, ensuring compliance with relevant laws and maximizing the estate tax benefits for non-U.S. citizen spouses.