 Qualified Domestic Trust
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Qualified Domestic Trust
A trust created upon the death of an individual and qualifying for the federal estate tax marital deduction where the decedent's surviving spouse is not a United States citizen. A qualified domestic trust is the only form of transfer that will qualify for the marital deduction for a decedent who leaves an alien spouse. In addition to satisfying the normal marital deduction rules, the trust instrument must require that at least one trustee be an individual who is a citizen of the United States or a domestic corporation, and that no trust distribution may be made without the consent of the trustee. An approximate election on the estate tax return is also required.
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