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Articles From Lumsden McCormick

QTIP Trust for Blended Families

Estate planning can be complex, especially for blended families where one or both spouses have children from previous relationships. Balancing the needs of a current spouse with the desire to protect assets for children from an earlier marriage is often challenging. A Qualified Terminable Interest Property (QTIP) trust can help achieve that balance.

What Is a QTIP Trust?

A QTIP trust allows you, as the grantor, to provide financial security for your surviving spouse while ensuring that your remaining assets ultimately go to the beneficiaries you choose—often your children from a prior marriage.

Here’s how it works:

  • Typically, the wealthier spouse creates the trust (though both spouses may do so).
  • After the grantor’s death, the surviving spouse receives income from the trust for life.
  • Depending on the trust terms, the spouse may also access principal.
  • The surviving spouse holds a life estate, meaning they can receive income but do not own the assets. They cannot sell or transfer trust property.

Estate Tax Benefits

QTIP trusts also offer tax advantages. Assets placed in the trust generally qualify for the marital deduction, so no estate tax is due when the first spouse dies. The tax is deferred until the surviving spouse’s death, which can allow for more efficient planning.

Why It Works for Blended Families

This structure provides:

  • Financial security for your surviving spouse.
  • Inheritance protection for your children.
  • Clarity and fairness, reducing potential conflicts.

Flexibility in Planning

A QTIP trust adds flexibility to your estate plan. For example:

  • If circumstances or tax laws change by the time of your death, your executor can decide whether to implement the QTIP trust.
  • The executor makes the election on a federal estate tax return, and it can be for all or part of the estate.
  • The election must be made on a timely filed return and is irrevocable once made.

Is It Right for You?

If you are remarried and want to ensure both your spouse and your children are cared for, a QTIP trust may be worth considering.

Contact us to learn more about how this strategy can fit into your estate plan.

QTIP Trust for Blended Families

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Bob is an experienced tax professional who devotes his professional time to structuring tax strategies in the areas of compliance, consulting, and planning. Bob works closely with a broad range of high-net-worth individuals and multi-generational families, specializing in the areas of gift and estate planning, charitable gift planning, trust and estate administration, individual taxation, and wealth preservation. Bob serves as a practice leader in the Family Wealth and Estate Planning group. Bob joined Lumsden McCormick in 2008 and was named partner in 2022.

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