A West Virginia Qualified Domestic Trust Agreement, often referred to as a DOT, is a legal tool used for estate planning purposes in West Virginia. It is designed specifically for non-citizen spouses who inherit assets from their citizen spouses. This agreement allows the non-citizen spouse to defer any estate tax liability until the time when the inherited assets are distributed from the trust. Under federal tax laws, when a non-citizen spouse inherits assets from a citizen spouse, the estate tax exemption applicable to citizens is not applicable to them. This exemption allows a certain amount of assets to pass free of estate tax. However, the DOT agreement helps solve this issue by providing an opportunity to qualify for the exemption. The West Virginia Qualified Domestic Trust Agreement is drafted by an attorney specialized in estate planning and must meet certain requirements set by the Internal Revenue Service (IRS). The trust agreement must designate a qualified U.S. trustee, who may be an individual or an institution, with the responsibility to ensure tax compliance and administration of the trust. To qualify as a DOT, the trust agreement must include provisions such as mandatory distributions of income, which must be reported for income tax purposes, and limitations on distribution of principal. Additionally, it must contain a provision that any distribution from the trust is subject to U.S. estate tax. However, it is important to note that there are no specific different types of West Virginia Qualified Domestic Trust Agreements. The DOT agreement is a uniform concept, but its terms and provisions can be tailored to meet the specific needs and circumstances of the individuals involved. In conclusion, a West Virginia Qualified Domestic Trust Agreement (DOT) is an essential estate planning tool for non-citizen spouses inheriting assets from citizen spouses. It allows the non-citizen spouse to defer estate tax liability until distributions are made from the trust. Although there are no distinct types of DOT agreements in West Virginia, each agreement can be individually customized to suit the particular requirements of the parties involved.