[WSBAPT] Qtip or no?

[jeffrey winter]

Listmates:

PC has an estate worth approx. $3M, most of which is separate property.
He is in a second marriage and -- if he predeceases his spouse -- desires
to provide for a new home for her, and to place the rest in trust from
which she will receive income and principal (subject to HEMS
restrictions).  On her death, the rest, residue and remainder passes to
charitable organizations.

It looks like a candidate for a QTIP trust.  My question is the tax
treatment on the 2nd death -- my understanding is that the QTIP merely
defers taxation until the 2nd death.  Would the estate of the surviving
spouse then be able to use charitable deductions to offset any taxes?  If
not, should I use some other form of trust (e.g., just a standard credit
shelter trust)?

As always, thank you in advance for your thoughts.



Jeffrey D. Winter

Law Office of Jeffrey D. Winter, P.S.
604 North Main Street
Ellensburg, WA 98926
(509) 925-9600 tel.
(509) 925-9606 fax


=======================


- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 8438 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20140430/aa744d03/winmail.dat>