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Qprt

Draft QPRT Agreements in Minutes, Not Hours

12 minutes with CaseMark

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Qprt

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Qprt

Overview

CaseMark's QPRT drafting skill generates a complete, IRC §2702-compliant Qualified Personal Residence Trust agreement package from client intake data and property documents. The output includes a fully articulated trust instrument, property exhibit, beneficiary schedule, execution blocks, and a post-execution checklist—ready for attorney review and client signing.

Drafting a Qualified Personal Residence Trust agreement requires meticulous attention to IRC §2702 safe harbor requirements, Treasury Regulation provisions, and state-specific formalities. Missing a single mandatory clause can disqualify the trust's favorable gift tax treatment, exposing clients to significant tax liability. Manually assembling the trust instrument, property exhibits, beneficiary schedules, and execution documents is time-intensive and error-prone.

CaseMark automates the entire QPRT drafting process by generating a fully structured, regulation-compliant trust agreement from your client intake data and property documents. Every required article—from permitted holdings and casualty provisions to post-term disposition and trustee powers—is included and properly cross-referenced, giving attorneys a comprehensive first draft to review and finalize in a fraction of the usual time.

How it works

  1. 1. Upload client intake data, property deed, and appraisal documents

  2. 2. AI drafts a fully structured QPRT agreement with all required articles and exhibits

  3. 3. Review and customize trust terms, retained interest period, and beneficiary allocations

  4. 4. Export the complete trust package in your preferred format (DOCX, PDF)

What you get

  • Trust Instrument (Articles I–XII)

  • Property Exhibit (Exhibit A)

  • Beneficiary Schedule

  • Signature & Notarization Blocks

  • Post-Execution Checklist

What it handles

  • IRC §2702-compliant trust instrument with all required articles

  • Safe harbor provisions under Rev. Proc. 2003-42 and Treas. Reg. §25.2702-5(c)

  • Auto-generated property exhibit with legal description formatting

  • Beneficiary schedule with percentage share allocations

  • Signature and notarization blocks for all parties

  • Post-execution checklist for deed transfer, recording, and gift tax filing

Required documents

  • Client Intake & Planning Parameters

    Grantor and beneficiary details, desired retained term, §7520 rate, exemption usage, and governing law state

    .pdf, .docx, .txt

  • Property Deed or Legal Description

    Recorded deed or title document containing the full legal description, tax parcel number, and county/state of situs

    .pdf, .docx

Supporting documents

  • Qualified Property Appraisal

    Fair market value appraisal of the residence as of the anticipated transfer date

    .pdf

  • Existing Estate Plan Documents

    Current will, revocable trust, or prior gift tax returns for context on exemption usage and GST allocation

    .pdf, .docx

Why teams use it

Reduce QPRT drafting time from hours to minutes while maintaining full regulatory compliance

Eliminate the risk of missing mandatory safe harbor provisions required by Treas. Reg. §25.2702-5(c)

Generate a complete document package including exhibits, schedules, and execution blocks in a single workflow

Ensure consistent, high-quality trust instruments across your estate planning practice

Questions

Does the generated QPRT comply with IRC §2702 safe harbor requirements?

Yes. CaseMark drafts every QPRT agreement to satisfy the safe harbor provisions under Treas. Reg. §25.2702-5(c) and Rev. Proc. 2003-42. The output includes all mandatory trust provisions, permitted holding restrictions, and casualty/sale contingency clauses required for compliance.

Can I customize the retained interest term and beneficiary allocations?

Absolutely. CaseMark generates the initial draft based on your specified retained term, §7520 rate, and beneficiary percentage shares. You can then adjust any of these parameters and regenerate or manually edit the document before finalizing.

Does the output include provisions for sale, casualty, or destruction of the residence?

Yes. CaseMark includes the required contingency articles covering replacement residence purchases within the two-year window, insurance proceeds handling, and GRAT conversion options—all in accordance with Treasury Regulation requirements.

Can I use this for a secondary residence QPRT?

Yes. CaseMark supports drafting QPRTs for both principal residences and qualified secondary residences as defined under Treas. Reg. §25.2702-5(c)(2)(i). Simply indicate the residence type in your intake data and the trust instrument will be tailored accordingly.

What documents do I need to provide before generating the QPRT?

At minimum, you need client intake information (grantor details, beneficiaries, desired term, §7520 rate) and the property's legal description from the deed. A qualified appraisal is recommended for gift tax valuation purposes but can be added after the initial draft is generated.

Does CaseMark generate the gift tax return or §7520 valuation calculations?

CaseMark focuses on drafting the trust instrument and supporting documents. While it references the applicable §7520 rate and valuation framework, the actual gift tax return (Form 709) and present-value calculations should be prepared separately by the estate planning team.

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