Puerto Rico 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
A marital deduction trust is a trust where transfers of property between married partners are free of federal transfer tax. A marital deduction trust can take one of two forms: A life estate coupled with a general power of appointment given to the spouse, or. A Qualified Terminable Interest Property (QTIP) trust.
With a QTIP trust, no one (including the surviving spouse) may be given the power to appoint trust property to anyone as long as the surviving spouse is alive.
The fractional share formula is expressed as a fraction equal to the value of the assets being transferred to the Marital Trust, where the numerator is equal to the amount of the marital deduction sought, and the denominator is the value of the total assets available for funding.
The marital deduction is determinable from the overall gross estate. The total value of the assets passed on to the spouse is subtracted from that amount, giving us the marital deduction. This interspousal transfer can occur during the couple's lifetime or after one spouse's death, ing to a will.
The first trust (the ?marital? trust) is for the surviving spouse, and the second trust (the ?bypass? or ?residual? trust) is typically for the couple's heirs. The surviving spouse can access the residual trust or receive income from it during their lifetime, but it does not belong to them.
A formula clause gives an amount to family or friends up to whatever the applicable lifetime exemption from federal gift and estate taxes is at the time of the decedent's death. It is written in such a way that you are giving away a dollar value of an asset.
If both spouses in a married couple are United States citizens, one spouse may make unlimited gifts to the other spouse, during life or at the time of death, using the unlimited marital deduction. The unlimited marital deduction, however, does not apply to gifts made to a non-citizen spouse.
Formula Marital Deduction Bequests There are three basic formula clauses that normally are used: (1) pecuniary marital deduction; (2) pecuniary unified credit; and (3) fractional residuary marital reduction. Numerous variations and refinements can be applied to each.