My Last Will
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My Last Will 
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My Last Will
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What is My Last Will
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What is a "Last Will and Testament"?

A last will and testament is legal document made by a "testator" who names one or more persons to manage his or her estate and.  The last will and testament provides for the transfer of the testator's property after his or her death. 

A person who dies without a will dies "intestate."

Legally speaking, a person's last will has been limited to real property while and a person's "testament" applies to the dispositions of their personal property - which is how the phrase "last will and testament" came about. 


What is a QTIP Trust?

The letters, "QTIP" mean Qualified Terminable Interest Trust, and is pronounced "Q-Tip."

A QTIP Trust is a trust that provides an unlimited marital deduction for "qualified property" that is placed into the trust.  There are several reasons why someone might want to establish a QTIP Trust, including the fact that the surviving spouse in a QTIP Trust, has full power to distribute the trusts properties and assets to anyone that he or she so desires.  

The QTIP Trust restricts the surviving spouse from distributing the assets and property in the trust to a select group of individuals, such as their children, as agreed when both spouses were living. 

There are QTIP laws that prevents any attempt to "tie down" the trust's assets or property and also restrict the surviving spouse's rights to transfer the trust's assets that would have resulted in the property not qualifying for the marital deduction tax benefit.

 

 

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