QTIP Trust Attorney

Enforcing a QTIP (Qualified Terminable Interest Property) Trust

Planning for the financial security and well-being of your loved ones is a paramount concern for anyone. A crucial aspect of estate planning involves making informed decisions about how to distribute your assets after your passing.


A Qualified Terminable Interest Property (QTIP) Trust is a powerful and flexible estate planning tool that provides the peace of mind that your surviving spouse will be cared for while ensuring your intended beneficiaries receive their share.


This article will delve into the world of QTIP trusts, explaining how they work, their essential elements, benefits, differences from marital trusts, and why hiring an attorney is a wise choice in establishing and enforcing a QTIP trust.


To ensure a seamless and secure experience, place your trust in our dedicated QTIP Trust Attorney, William C. Roof. With our help, you can embark on the path to safeguarding your family’s financial future with confidence. Contact us to arrange your consultation.

lawyer with client

How QTIP Trusts Work

A QTIP trust is not just a legal tool; it’s a testament to your commitment to your spouse’s welfare. This trust allows you to take care of them even when you’re no longer around, providing a sense of security and stability. Key components of how a QTIP trust works include:

Income Interest

The surviving spouse receives income from the trust’s assets, typically through regular distributions.


The control remains with the grantor over the ultimate disposition of the trust’s assets, ensuring they pass to specified beneficiaries.

Asset Protection

The assets within the trust are protected from federal estate taxes, ensuring their efficient transfer to beneficiaries.


You can designate the ultimate beneficiaries of the trust, providing for children, grandchildren, or other heirs.

Essential Elements of a QTIP Trust

To ensure that a QTIP trust functions as intended, it must adhere to certain fundamental elements:

Qualified Property

The trust must consist of assets that qualify as “terminable interest property,” typically cash, securities, real estate, or other investments.

Surviving Spouse

The surviving spouse must receive the trust’s income for the remainder of their life. This income can be distributed at regular intervals.

Executor or Trustee

An executor or trustee must be appointed to manage the trust, oversee distributions, and ensure the trust’s compliance with legal requirements.


As the grantor, you must specify who the ultimate beneficiaries will be upon the surviving spouse’s passing.

Marital Deduction

A vital benefit of this type of trust is that it qualifies for the marital deduction, allowing the grantor to reduce tax or obtain estate tax exemption upon their passing.

Benefits of QTIP Trusts

QTIP trusts offer several advantages that make them an attractive choice for estate planning:

Protecting the Surviving Spouse

QTIP trusts provide financial security for a surviving spouse, ensuring they receive a lifetime income from the trust’s assets.

Estate Tax Efficiency

Assets placed in a QTIP trust can be protected from estate taxes, reducing the overall tax liability of the spouse’s estate. Since QTIP trust employs unlimited marital deduction, it means that the gifts to the spouse are exempt not only from estate tax, but also from gift tax after the filing of the estate tax return.

Control and Flexibility

The grantor controls how the trust’s assets are distributed upon the surviving spouse’s passing, providing for specific beneficiaries and maintaining family members’ wealth.

Avoiding Creditor Claims

Assets within a QTIP trust are shielded from potential creditor claims, safeguarding the wealth for the intended beneficiaries.

Privacy and Asset Protection

QTIP trusts provide privacy since the trust’s assets avoid the probate process, which is public. This also enhances asset protection.

QTIP Trust vs. Marital Trust

QTIP trusts and marital trusts share similarities, as both are designed to provide for a surviving spouse while preserving assets for ultimate beneficiaries. However, there are key differences between them:

Control Over Distribution

When it comes to the distribution of assets in a QTIP trust, the grantor still has the control, allowing them to provide for specific beneficiaries. In a marital trust, the decedent’s spouse may have more control.

Estate Taxes Efficiency

A QTIP trust are made for estate tax purposes, mainly for the marital deduction, thereby reducing estate taxes upon the grantor’s passing. A marital trust, on the other hand, may provide a different level of tax advantages.

Ultimate Beneficiaries

QTIP trusts offer greater flexibility in designating ultimate beneficiaries, including children, grandchildren, or other heirs. Marital trusts may limit beneficiaries to the surviving spouse and may not provide for more remote descendants.

Spouse’s Income Interest

In a QTIP trust, the surviving spouse is entitled to income for their lifetime, while in a marital trust, the spouse may have more latitude regarding principal distributions.

Why Hire a Lawyer for Your QTIP Trust

Creating and enforcing a QTIP trust involves complex legal and financial intricacies. Therefore, it is advisable to engage an estate planning lawyer to ensure the trust is established correctly and operates according to your wishes. Here are some compelling reasons to hire a lawyer for your QTIP trust:

Legal Knowledge

Estate planning attorneys possess knowledge of the laws and regulations governing trusts, ensuring your QTIP trust complies with legal requirements.

Customized Solutions

A lawyer can tailor the trust according to your needs and circumstances, helping you achieve your specific goals for asset distribution.

Tax Efficiency

Attorneys can help structure the trust to minimize tax liabilities, making the most of the marital deduction and other applicable tax benefits and strategies.

Avoiding Pitfalls

Legal professionals can help you navigate potential pitfalls and challenges, ensuring your trust remains effective and fulfills your intentions.

Asset Protection

Lawyers can guide asset protection strategies, safeguarding your wealth for future generations.

Peace of Mind

Enlisting the services of an attorney brings peace of mind, knowing that your estate plan is well-structured and legally sound.

Qualified Terminable Interest Property Trust FAQs

What Is the Difference Between a QTIP and Marital Trust?

Perhaps, the primary difference between a QTIP trust and a marital trust lies in the level of control and flexibility. In a QTIP trust, the grantor retains more control over asset distribution and can designate a broader range of beneficiaries, including remote descendants. A marital trust may limit beneficiaries to the surviving spouse and give the spouse more control.

What Is a Qualified Terminable Interest Property (QTIP) Trust?

This trust is a legal entity established in estate planning to provide a surviving spouse with a lifetime income interest in the trust’s assets. Upon the spouse’s passing, the remaining assets of the trust are given to beneficiaries, who were designated by the grantor.

How Does a QTIP Trust Work?

A QTIP trust works by granting the surviving spouse a right to receive income from the trust’s assets for their lifetime. The grantor controls the ultimate distribution of the trust’s assets, ensuring they pass to specific beneficiaries upon the spouse’s passing.

What Are the Requirements of a QTIP Trust?

The primary requirements of a QTIP trust include qualified trust property, a surviving spouse receiving income, an executor or trustee appointment, specification of ultimate beneficiaries, and qualification for the marital deduction to reduce estate taxes.

Contact a Qualified Attorney in Florida Now!

If you are considering creating a QTIP trust to protect your assets, thereby ensuring your loved ones are provided for, it is essential to consult a qualified attorney in Florida.


An estate planning QTIP trust lawyer can guide you through the process, address your needs, and help you establish a legally sound trust that aligns with your estate planning objectives.


Ready to set sail on your consultation journey? Feel the excitement by reaching out to William C. Roof today. Your adventure in securing your financial future begins with a simple click or call!



The contents of this article are not comprehensive, they provide only a general overview of the subject matter discussed. This article does not establish a client-attorney relationship with the reader, and no legal decisions should be made based on the article’s contents. Because every legal matter arises under unique facts specific to the client, no legal decision should be made without consulting a licensed attorney.

contact us

We’re here to answer all of your questions. Feel free to give us a call, or fill out the form to the right and we’ll get in touch with you soon.