In this article, we focus on the asset protection benefits of lifetime (“inter-vivos”) transfers to irrevocable “QTIP” marital trusts. The big distinctions between these trusts and SLATs and “Bert and Earnie” Trusts is that, with inter-vivos QTIP marital trusts, the trustmaker spouse need not give up the right to use and benefit from contributed trust property after his or her spouse’s death, and the couple’s beneficiaries can benefit from capital gains income tax step-ups when each spouse dies.
