Letter to Client: Drafts of Wills with Credit Shelter and QTIP Trusts for Married Individual (Florida)

This legal template is a letter addressed to a client and pertains to the drafting of wills with specific trusts for married individuals in the state of Florida, under the legal jurisdiction of the United States. The template focuses on two specific types of trusts: the Credit Shelter Trust and the QTIP (Qualified Terminable Interest Property) Trust.

The letter serves as a means of informing the client about the availability and potential benefits of these trusts in their estate planning process. It may outline the legal framework and regulations governing these types of trusts in Florida, while emphasizing their applicability and advantages for married individuals.

The Credit Shelter Trust, also known as a bypass or a family trust, allows individuals to maximize estate tax exemptions by utilizing both spouses' exemption limits. By establishing this trust, assets equal to the individual's estate tax exemption amount can be transferred to their beneficiaries without incurring any taxes. The remaining assets beyond this limit can be bequeathed to the surviving spouse while enjoying reduced estate tax liability.

On the other hand, the QTIP (Qualified Terminable Interest Property) Trust allows the surviving spouse to benefit from income generated by the trust's assets during their lifetime, while ensuring that the assets eventually pass to other designated beneficiaries. This trust is particularly useful when the individual wishes to provide financial security for their surviving spouse or maintain control over the ultimate distribution of assets.

The letter might further discuss the procedural aspects of drafting these two types of trusts, including the requirements, formalities, and documentation needed for their creation and implementation. It may also touch upon any legal considerations specific to Florida state law that should be taken into account during the drafting process.

Ultimately, this legal template intends to educate and guide the client in making informed decisions about their estate planning options, with a focus on credit shelter and QTIP trusts, in order to protect their assets, minimize estate taxes, and ensure their intentions are carried out in compliance with Florida and US laws.