Qualified Domestic Trust (QDOT)
Candlefocus EditorUsing a QDOT provides many benefits to the surviving noncitizen spouse, the most important of which is the ability to avoid estate taxes on the amount held in the trust. When the surviving spouse passes away, the amount left in the trust is not subject to estate taxes, meaning more money will go to the beneficiaries. This is one of the advantages of parking assets into a QDOT.
It is important to note, however, that there are certain eligibility and other requirements that must be met in order for the trust to remain valid. Most notably, the trustee of the QDOT must be either a U.S. citizen or a U.S. financial institution. Additionally, the trust must be irrevocable, and it must provide for the distribution only to the U.S. citizen spouse, or to a designated U.S. citizen relative (such as a child) of the non-citizen spouse if the U.S. citizen spouse predeceases the non-citizen spouse.
Another requirement that must be met for a trust to qualify as a QDOT is that it must provide for the payment of any estate taxes imposed, as well as all post-death income taxes due to the IRS, prior to the distribution of any remaining balance to a designated beneficiary. This means that the QDOT must contain sufficient liquid assets to cover these liabilities in the event of the death of the non-citizen spouse.
Overall, using a QDOT is an effective way to ensure that a surviving non-citizen spouse will not be burdened with hefty estate taxes. While there are several requirements that must be met to ensure a QDOT’s validity, they provide an important safety net for spouses who are not citizens of the United States.