Section 20 Estate Planning Using QSJTs
| Library | Trust and Estate Legislation 2012 |
The critical issue to consider when using QSJTs in estate planning is that, to have trust assets retain creditor protection, those assets must be tenancy by the entirety property before they are transferred to the QSJT. Property that is owned by a spouse separately or property that is owned by the spouses as joint tenants with rights of survivorship but not as tenants by the entirety will not receive the creditor protection contemplated by the QSJT Statute, § 456.950, RSMo Supp. 2011, when transferred to...
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