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  05) Marital QDOT Trust

  • The Marital Qualified Domestic Trust (QDOT) RLT is a Co-Grantor Revocable Living Trust designed for a married couple wanting the benefits of a Marital Universal Trust

  • The acronym QDOT represents “qualified domestic trust”.

  • This trust format will qualify the QTIP portion of a trust for the marital deduction even though the surviving spouse is not a US citizen.

  • If a non-citizen, surviving spouse serves as a trustee of the QTIP portion of the trust, then the QTIP portion will not qualify for the marital deduction.

  • The estate of the non-citizen spouse may still utilize the full unified credit amount against any transfer tax.

  • If the non-citizen spouse is the first grantor to die, then any of his/her assets ultimately funded to the QTIP Trust will qualify for the marital deduction, even if his/her spouse serves as a trustee, as long as such spouse is a US citizen.

    This chart depicts a QDOT Trust where the U.S. citizen spouse is first to die. The Marital Universal QTIP diagram would apply if the non-citizen spouse were to die first.

    		   


    		 
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