Continental Parlor 8 Hilton San Francisco and Towers Ballroom Level
Section on Donative Transfers, Fiduciaries and Estate Planning Susan N. Gary, University of Oregon, Chair Wendy Carol Gerzog, University of Baltimore, Program Chair
The Popular QTIP Marital Deduction: Sexism in Estate Planning?
Moderator:
Wendy Carol Gerzog, University of Baltimore
Speakers:
Martin D. Begleiter, Drake University [View Program Material] Joseph M. Dodge, The University of Texas [View Program Material] Mary Louise Fellows, University of Minnesota Henry M. Ordower, Saint Louis University Nancy E. Schurtz, University of Oregon
This program is intended to provide a critical look at one of the most used devices in estate planning: the QTIP marital deduction. In a nutshell, the QTIP provisions allow a decedent to transfer only a life estate to his surviving spouse, for which he receives a marital deduction equal to the full value of the property. While QTIPs may be written for either spouse, statistics show most are created by men for their wives and women are more likely to be cast as the surviving spouse. What makes the QTIP such a popular estate-planning tool? Is the QTIP a tax version and revival of dower? How much is the widow's qualifying life interest worth and how does its economic value compare to alternatives, such as her statutory share? Is it ethical for an estate planner to promote the use of the QTIP? Is the QTIP sexist in its consequences? The distinguished panelists will address these questions.