January 27th, 2008
Marital Deduction As Qualified Terminable Interest Property (qtip) Marital Trust
The federal estate marital deduction provides for a deduction from a decedent’s gross estate for property passing to a surviving spouse by will or trust, or by a qualified terminable interest property (“QTIP”) marital trust. The marital deduction is unlimited in amount.
A QTIP marital trust properly drafted in compliance with the Internal Revenue Code has become an extremely popular device to avoid payment of federal estate taxes upon the death of the first spouse. A QTIP trust is particularly desirable for spouses in second marriages where each spouse desires to leave as much of his or her estate to his or her children and/or heirs.