What if I Survive the Trust Term?

If you are still living at the end of the term, you will have accomplished the goals of this planning strategy. Your children in our example (or trusts for their benefit) are now the owners of the house. However, you do not have to move out.

To assure that you have a place to live, the terms of the QPRT can permit you to enter into a lease or rental agreement of the house with the remainder beneficiaries when the trust ends. The terms of the lease must be at fair market value. An additional benefit is that each payment of rent to the remainder beneficiaries will effectively transfer additional funds to them, free of gift or estate tax consequences.

The QPRT can also be written so that after the initial term of the trust, if a spouse survives you, your spouse can be permitted to occupy the residence rent free for his or her life.