A Kings New York Qualified Domestic Trust Agreement is a legal arrangement that allows a non-U.S. citizen surviving spouse to qualify for the marital deduction under U.S. estate tax laws. This type of trust is specifically designed for individuals who are not U.S. citizens but have assets in the United States. The Kings New York Qualified Domestic Trust Agreement ensures that the non-U.S. citizen spouse receives income generated from the trust's assets during their lifetime while delaying the estate tax until their death. This arrangement provides significant estate planning advantages for couples with mixed citizenship. There are two types of Kings New York Qualified Domestic Trust Agreements: 1. Inter Vivos Qualified Domestic Trust (DOT): This type of trust agreement is established during the granter's lifetime and is commonly used to transfer assets to the non-U.S. citizen spouse while still meeting the requirements for the marital deduction. The granter can fund the trust with various assets such as cash, securities, or real estate. 2. Testamentary Qualified Domestic Trust (DOT): This trust agreement is created through the granter's will and takes effect upon their death. The granter can designate a portion of their estate to be transferred to the DOT, ensuring that the non-U.S. citizen spouse fulfills the requirements for the marital deduction and continues to receive income from the trust during their lifetime. Both types of Kings New York Qualified Domestic Trust Agreements have specific provisions and requirements to ensure compliance with U.S. tax laws. These agreements typically involve an appointed trustee who manages the trust's assets, makes distributions to the non-U.S. citizen spouse, files tax returns, and adheres to reporting obligations. In summary, the Kings New York Qualified Domestic Trust Agreement is a valuable estate planning tool for non-U.S. citizen spouses with assets in the United States. It enables them to qualify for the marital deduction under U.S. estate tax laws, ensuring the smooth transfer of assets while minimizing the impact of estate taxes.