Consequences of Modification of a QTIP Trust Settlement

Consequences of Modification of a QTIP Trust Settlement: One Scenario in ‘The Tale of Moné Baggs Smith’ A “QTIP” trust is a “Qualified Terminable Interest Property” trust. It is often used by spouses in a second or subsequent marriage where at least one party has children from a previous marriage. The QTIP trust allows the…

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Fed Up with the QTIP Trust? Tax Results of Terminating QTIP Trust

Many of today’s modern estate plans employ a marital trust under Code sections 2056(b)(7) or 2523(f) known as a QTIP trust (QTIP stands for Qualified Terminable Interest Property).  This is a trust which grants a life income interest to spouse and upon his or her death, named beneficiaries receive the remainder.  The property funding the…

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Asset Protection QTIP Trusts

Section 736.0505, Florida Statutes, provides that a settlor’s creditors may reach the assets of a trust created by the settlor for his or her own benefit, a so called “self-settled” trust. New Section 736.0505(3), however, allows married couples to create irrevocable qualified terminable interest property (“QTIP”) trusts to achieve their asset protection, estate planning and…

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