Certainly, the term “QTIP trust” may sound unconventional when discussing estate planning techniques. However, it can prove to be a valuable strategy, particularly if you find yourself in a second marriage. “QTIP” stands for “qualified terminable interest property,” and in essence, this trust offers a means to ensure the future financial security of both a surviving spouse and children from a previous marriage, all while maintaining flexibility in your estate planning approach.

Notably, any federal estate tax due on QTIP trust assets is postponed until the death of the surviving spouse. At that time, their gift and estate tax exemption may shelter the remaining trust assets from tax.

A QTIP Trust In Action

Generally, a QTIP trust is created by the wealthier spouse. When the grantor dies, the surviving spouse assumes a ‘life estate’ in the trust’s assets. This provides the surviving spouse with the right to receive income from the trust, but they don’t have ownership rights — thus, they can’t sell or transfer the assets. Upon the death of the surviving spouse, the assets are passed to the final beneficiaries, who may be the children from the grantor’s prior marriage.

Accordingly, you must designate the beneficiaries of the QTIP trust, as well as the trustee to manage the assets. This could be your spouse, adult child, close friend, or, as is often the case, a third-party professional.

Estate Tax Ramifications

A QTIP trust is designed to combine the estate tax benefits of the unlimited marital deduction and the gift and estate tax exemption. When you create the trust and provide a life estate to your spouse, the assets are sheltered from tax by the unlimited marital deduction after your death.

After your spouse passes, assets in the QTIP trust are subject to federal estate tax. However, the $12.92 million (for 2023) gift and estate tax exemption will likely shelter most estates from estate tax liability.

Planning Flexibility

A QTIP trust can provide added flexibility to your estate plan. For example, at the time of your death, your family’s situation or the estate tax laws may have changed. The executor of your will can choose to not implement a QTIP trust if that makes the most sense. Otherwise, the executor makes a QTIP trust election on a federal estate tax return. (It’s also possible to make a partial QTIP election).

Once the election is made and the estate tax return is filed within nine months after the death (plus an additional six months if the executor obtains an extension), it’s irrevocable. There’s no going back.

Right For Your Plan?

If you wish to provide for your spouse after your death, but at the same time ensure that your children ultimately receive the inheritance you want to provide for them, a QTIP trust might be the preferred option. Contact us to learn if a QTIP trust is right for you.