Drafts of Wills with Credit Shelter and QTIP Trusts with GST Tax Planning for Married Individual (Letter to Client)
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About this template
The legal template that is being described appears to be focused on the preparation and drafting of wills for married individuals under USA law. These wills include the incorporation of two types of trusts: Credit Shelter Trusts and QTIP (Qualified Terminable Interest Property) Trusts.
A Credit Shelter Trust, also known as a bypass or A-B trust, is a common estate planning strategy used by married couples to minimize estate taxes upon the death of the first spouse. By utilizing this trust, a portion of the deceased spouse's assets, up to the estate tax exemption limit, are transferred and held outside of the surviving spouse's estate, thereby reducing the overall estate tax liability.
A QTIP Trust is another estate planning tool primarily used to ensure the financial well-being of the surviving spouse while allowing the settlor (individual creating the trust) to control the ultimate distribution of assets to beneficiaries other than the spouse. This trust qualifies for the marital deduction, allowing the estate to defer estate taxes until the surviving spouse passes away.
Additionally, the template also mentions GST (Generation-Skipping Transfer) Tax Planning. The GST tax is levied on certain transfers of assets that "skip" a generation, meaning they are transferred directly to grandchildren or other individuals who are at least two generations younger than the transferor. The inclusion of GST tax planning in the template suggests that it considers the potential impact of such taxes and aims to minimize them through strategic estate planning.
The provided template is in the form of a letter to a client, indicating it is likely a communication between an attorney and their client. It would likely contain detailed explanations and instructions related to the creation of wills, incorporating specific provisions for Credit Shelter Trusts, QTIP Trusts, and GST tax planning, all tailored to the particular needs and goals of the married individual seeking estate planning services.
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