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Q: What type of assets qualify for a marital deduction in estate planning?
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Does a Qualified terminable interst property trust qualify for a marital deduction?

A QTIP trust (a.k.a. C trust), which is typically created at the death of the first spouse to die, grants the surviving spouse a lifetime right to the income of the trust (at least annually) while transfering the remainder interest to individual(s) of the grantor's choosing. This qualifies for the unlimited marital deduction even though the spouse does not receive outright access to the assets in the trust. Even though this IS a terminable interest (usually disqualifying the marital deduction), the QTIP will qualify for the unlimted marital deduction since the surviving spouse will be required to include, in his/her gross estate, the fair market value, at the surviving spouse's date of death, the assets of the trust. The assets are taxed later in the surviving spouse's gross estate, but they will pass to the beneficiary of the trust, chosen by the first-to-die-spouse, at the surviving spouse's death.


Is your 401K your property or joint property in divorce in Minnesota?

Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.


Can a ex husband receive from ex when he made more money?

Distribution of marital assets and spousal support are decided by the court after all the assets and circumstances have been reviewed according to state laws.Distribution of marital assets and spousal support are decided by the court after all the assets and circumstances have been reviewed according to state laws.Distribution of marital assets and spousal support are decided by the court after all the assets and circumstances have been reviewed according to state laws.Distribution of marital assets and spousal support are decided by the court after all the assets and circumstances have been reviewed according to state laws.


How do use entitled in a sentence?

I am entitled to half the marital assets.


What if I want to keep my house do I have to decide when I file for a divorce?

You need a good lawyer to represent you in the divorce. The court will require a fair division of the marital assets. You will need to negotiate with your spouse to purchase their interest in the property. Otherwise the court will render a decision as to how the marital assets will be divided.


Im in west virgina what can get in a divorce of 27 years of marriage?

Probably at least half of the marital assets.


What happens to marital assets in a divorce by default?

It depends on the judge's ruling in the decree. In the absence of the respondant they may award it all to the petitioner - OR they may rule that a certain amount of the marital assets be escrowed for a certain length of time until all legal efforts to to find the respondant are exhausted.


What are reasons for concealment of assets in divorce?

To keep from having to share them with the spouse according to that state's laws of division of marital property.


Getting divorced after 15 years of marriage am I entitled to his assets?

I depends on the laws of distribution of marital assets for your state. You would be wise to contact a lawyer and fight for whatever you feel you have entitlement...and to what extent.


Can a penile implant be taken by the wife in a divorce?

Of course not. Neither do breast implants become subject to distribution of marital assets in a divorce.


What is the importance of estate planning?

The main benefit of estate planning is the protection of your assets. It's very important to make sure that your assets are protected against creditors. Also the biggest benefit of estate planning is that you can leave a lasting legacy for your loved ones. A key component of estate planning is the protection of your assets. In case you pass away, a will is a good way to protect your assets. It also appoints a caretaker for your children if you become incapacitated. This is particularly important if you own expensive possessions. Without a will, your loved ones will be left to decide how to raise your children.


How long do you have to be separated before your spouse can't get your assets?

Separation does not protect assets. In order to protect your assets you must obtain a divorce. The court will divide the marital assets at that time and each party will be free from the claims of the other from that time on. However, if you continue to put the divorce off, any assets you continue to acquire will be vulnerable to division. Also, if you die while still married, your spouse will inherit your assets.