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Estate Planning Strategies for QTIP Trust Assets: Navigating Estate and Gift Tax Rules and Minimizing Transfer Taxes

Recording of a 90-minute CLE/CPE video webinar with Q&A

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Conducted on Wednesday, January 4, 2023

Recorded event now available

or call 1-800-926-7926

This CLE/CPE webinar will provide guidance to trusts and estates counsel on estate planning strategies for qualified terminable interest property (QTIP) trust assets under current tax law. The panel will discuss the requirements of QTIP trusts for optimum tax benefits, applicable gift and estate tax rules, and effective strategies to minimize wealth transfer taxes for QTIP trust assets.


QTIP trusts provide the gifting of assets to family members and the ability to resolve issues with married couples whose estates are significantly unbalanced. However, provisions in trust instruments and applicable tax rules can have significant impact on the use of estate planning strategies for QTIP trust assets. Estate planners must understand the challenges of utilizing these trusts to accommodate clients' goals.

A QTIP trust enables the estate of a deceased spouse to take advantage of the marital deduction and maintain control over the distribution of trust assets. It also preserves the deceased spouse's unused GST exemption, provides a step-up in basis upon the death of the surviving spouse, and may possibly postpone payment of state level estate taxes.

Estate planners must understand the advantages and limitations of QTIP trusts, the intricacies of special gift and estate tax rules, key governing instrument provisions and limitations, and implications in regard to exemptions.

Listen as our experienced panel provides a thorough and practical guide to the technical aspects of designing and implementing QTIP trusts, applicable gift and estate tax rules, and effective strategies to minimize wealth transfer taxes for QTIP trust assets.



  1. Basics of the Qualified Terminal Interest Property (QTIP) trust and marital estate and gift tax deductions – IRC § 2523, IRC § 2056
  2. Lifetime gifts to QTIPs – Why use them after portability? Tricks and traps for QTIPs
  3. Using QTIPs when not needed to reduce estate tax – superior or inferior to bypass trusts? Risks of “overQTIPping” for blended families
  4. State savings statutes & trust marital deduction savings clauses – when will they save the day? (and importantly, when won’t they?)
  5. Understanding the “reverse” QTIP election – IRC § 2652(a)(3)
  6. Understanding IRC § 2516 and its impact on planning for existing QTIPs
  7. Estate freezes, BDOTs and other estate tax strategies for QTIPs
  8. Potential tax disasters when commuting (early termination) a QTIP
  9. Understanding estate (and GST) tax apportionment issues with QTIPs
  10. Conduit/accumulation trust planning for QTIPs receiving IRA/401(k)s


The panel will review these and other high priority issues:

  • What are the key considerations for the use of QTIP trusts in estate planning?
  • What are the critical elements when structuring QTIP trusts, and what are the pitfalls to avoid?
  • What tax issues arise in the use of QTIP trusts under current tax law?
  • What other methods are available for gifting and long-term planning?


Hood, Paul
L. Paul Hood, Jr., JD, LL.M, CFRE, FCEP

Paul Hood Services

A native of Louisiana (and a double LSU Tiger), Mr. Hood obtained his undergraduate and law degrees from Louisiana...  |  Read More

Morrow, Edwin
Edwin P. Morrow, III, J.D., LL.M. (Tax), MBA, CFP, CM&AA

Co-Chair, Estate Planning Group
Kelleher + Holland

Mr. Morrow is currently the Co-Chair of the Estate Planning Group of Kelleher + Holland, LLC, based in North...  |  Read More

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