Inter Vivos QTIP Trusts: A Strategic Estate and Asset Protection Planning Option

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Estate planning requires the careful balancing of family priorities with tax and asset protection concerns, and the tools available to practitioners to address these priorities and concerns change over time amid legislative reforms and judicial determinations. Among the tools available to practitioners, the inter vivos Qualified Terminable Interest Property trust, aka the inter vivos “QTIP”…
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Loss of Deceased Spouse Unused Exclusion

Estate Administration, Estate and Gift Tax, Fiduciaries, Regulatory, Revenue Procedures, Tax, Tax Controversy, Tax Court

In a recent case out of the Tax Court, a surviving spouse’s Estate was denied the portability of the Deceased Spouse’s Unused Exclusion (“DSUE”) from the decedent’s spouse who had passed away two years before the survivor.[1] The Estate Tax Return (“706”) for the decedent’s spouse, while filed,  was not “complete and properly prepared” and…
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