A qualified terminable interest property (QTIP) trust is an estate planning tool that allows the person making the trust (the grantor or settlor) to leave assets for their surviving spouse and direct how the assets remaining in the trust will be distributed to named beneficiaries at the death of the surviving spouse. QTIP trusts are irrevocable (cannot be revoked). At least one trustee (person or entity) must be appointed by the trust to manage the assets of the trust.

A QTIP trust will usually provide regular payments to the surviving spouse—often from the income generated by the assets in the trust. QTIP trusts are often used when the grantor remarries and has children from a previous marriage. If the grantor dies before the grantor’s subsequent spouse dies, the QTIP trust will make income payments to the subsequent spouse and hold the principal assets that were placed in the trust until the surviving spouse dies—at which point the assets will be distributed to the trust beneficiaries.

At the death of the grantor, the executor of the grantor’s estate will file the estate’s tax return and make an election (the QTIP election) of which assets will be placed in the QTIP trust by listing them on a schedule to the estate’s tax return. The assets in a QTIP trust are not subject to estate tax at the grantor’s death but are subject to estate tax at the death of the grantor’s surviving spouse.

In Maine, a Qualified Terminable Interest Property (QTIP) trust is a type of trust that allows a grantor to provide for their surviving spouse while maintaining control over how the trust's assets are distributed after the surviving spouse's death. This is particularly useful in situations such as second marriages, where the grantor wishes to ensure that children from a previous marriage ultimately receive the assets. The trust is irrevocable, meaning it cannot be changed or revoked once it is established. The grantor appoints at least one trustee to manage the trust assets, which typically generate income for the surviving spouse. Upon the death of the grantor, the executor of the estate must file a tax return and make a QTIP election to determine which assets are placed in the trust. While the assets in the QTIP trust are exempt from estate tax upon the grantor's death, they become subject to estate tax after the death of the surviving spouse when they are passed on to the named beneficiaries. It's important to note that while the federal law provides the framework for QTIP trusts, state law can also impact certain aspects of trust administration and taxation, so it's advisable to consult with an attorney familiar with Maine's specific trust and estate laws.