QTIP / Marital Trust
Deferring estate tax on assets passing to a surviving spouse while controlling ultimate beneficiaries.
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Overview & Purpose
A Qualified Terminable Interest Property (QTIP) trust qualifies for the marital deduction to defer estate tax at the first spouse's death, while letting the deceased spouse control who ultimately receives the assets after the surviving spouse's death.
Who May Consider It
- You are in a blended family and want to provide for a surviving spouse while preserving assets for children from a prior marriage.
- Your estate is large enough that estate-tax deferral matters.
- Defers federal estate tax on the assets placed in the trust until the surviving spouse's death.
- Lets the first spouse to die control the ultimate remainder beneficiaries.
- Does NOT eliminate estate tax — it defers it; tax is assessed at the second death.
- Requires the surviving spouse receive all income from the trust for life.
Important Trade-offs
- The surviving spouse's income interest limits flexibility.
Relevant Assets
Federal IRC § 2056 governs the QTIP marital deduction.
Questions to Discuss with an Attorney
- Should we use a QTIP, a general power-of-appointment marital trust, or a disclaimer trust?
Related Documents
Sources & References
This article was prepared using publicly available legal and government sources. Laws change, and readers should verify current rules in their jurisdiction.
Reviewed for educational accuracy
Last reviewed: September 30, 2026 · Next scheduled review: March 2027
This article is educational information and is not legal advice. Laws vary by jurisdiction. No attorney has reviewed this material unless a named, licensed attorney is credited above.
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