QUESTION

Can a QTIP be established before a couple gets married?

Asked on Sep 26th, 2014 on Trusts and Estates - Georgia
More details to this question:
I prefer not to sign a pre-nup. More principle than anything. I would agree to do a QTIP trust regarding my fiances retirement assets but want to do it after we're married.
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
A QTIP-style trust can be created before a couple gets married, but it will not qualify for the marital deduction against gift taxes unless it is not funded until after the marriage is final. The transfer to a QTIP trust, in other words, will not accomplish what it's normally supposed to accomplish unless the beneficiary of the QTIP transfer is actually the spouse of the transferor. I'm not sure what you mean by your reference to "a QTIP trust regarding [your] fiance's retirement assets," however. The QTIP reference does not make sense in this context, and I'm not sure what you are thinking would happen. If you are not comfortable signing a prenup, then that's your decision, but a QTIP trust does not substitute for a prenuptial agreement in any way, shape, or form. You may want to have a consultation with a good family law attorney to discuss your concerns about the prenup and what your ideas with regard to the retirement account assets are. An estate planning consultation may also be helpful. Best wishes on your pending marriage.
Answered on Oct 05th, 2014 at 6:59 PM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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