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QDOT

What is a QDOT?

A QDOT is used when a US Citizen is married to a non-US Citizen. The Qualified Domestic Trust is designed to hold all or some of the US Citizen’s wealth to avoid or delay the Federal Estate Tax.

What is the Purpose of a QDOT?

Because Congress is worried that a non-US Citizen spouse will attempt to move assets overseas to avoid the Federal Estate Tax, a non-US Citizen spouse is not given an unlimited spousal exemption. This means the US Citizen Spouse’s death a tax might be due. Congress did spell out how the tax can be avoided or delayed, and a QDOT adopts those terms.

Typical Estate Questions About QDOTs:

Here are some questions clients, beneficiaries, and Trustees ask

Is the qualified domestic trust mandatory if my spouse is a non-US citizen?

A QDOT is not necessary, but without a QDOT your estate may pay Estate Tax at an accelerated rate. The QDOT is designed to defer the tax.

Can I create an ordinary trust if my spouse is a non-US citizen?

Yes, a QDOT is a tool that can be used if it is the right fit. Other trusts might be a better fit. An examination of your assets and an understanding of your particular goals I can advise you about the pros and cons of various trusts.

Under what circumstances would my non-US citizen spouse have to pay the Federal Estate Tax?

If your estate exceeds the Federal Estate Tax Exemption, then a tax is due at your death. A QDOT can help delay, or even avoid, the tax.

How can the Federal Estate Tax be Delayed for my Non-US Citizen Spouse?

A QDOT is an excellent tool, but other instruments such as an ILIT may also help. The best plan will depend on your particular assets and your goals.

How can the Federal Estate Tax be Avoided for my Non-US Citizen Spouse?

The best plan will depend on your unique goals and particular assets. Many tools are available, including the QDOT. Only a review of your goals and assets can determine the best plan.

Reasonable Prices | Years of Experience | We Make Trusts and Estate Planning Easier

If you have any questions about Qualified Domestic Trusts or any other estate planning topics, please contact us to schedule a free consultation. For more than two decades Klenk Law has focused only on Estate Law. We’ve seen it all, and this experience allows us to explain complex estate law and planning techniques clearly and concisely. We make it easy for you to understand QDOTs so you can make the best decisions for yourself and your family.

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Ian Marchant

Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.

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D.P.

Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.

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Glenn P.

Peter Klenk ESQ is a thoughtful and capable attorney who we work with on estate planning issues. His firm recently provided us with new Wills, Power of Attorneys and our instructions regarding major health issues. These documents are important for estate and life planning. Peter and his team are masters in the complexities of Estate Law. We highly recommend Peter and his Associates to provide thoughtful advice and outstanding work on these complex issues of the law. Make sure your estate planning documents are up to date, and Peter can be relied on to do an excellent job. Well done Peter!

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Peter has done our family's trust and estate work since our children were born. He is not only extremely knowledgeable and honest but makes sure that our arrangements remain current with the changing legal landscape. I would give him my highest recommendation as a professional in his field.

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Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.

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