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Moreover,the terms of a trust remain private,whereas the contents of a last will and testament become public during the probate process The Law Firm of Steven F.Bliss Esq.Probate Lawyer But any primary your partner receives (unless the circulation is because of “difficulty” as specified by the IRS),plus assets remaining in the QDOT when your spouse dies,will be taxed as if they became part of your estate when you died (at your highest estate tax rate).
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