Jake and Hannah have been married for 45 years at the time of Jake’s death. They
ID: 2718694 • Letter: J
Question
Jake and Hannah have been married for 45 years at the time of Jake’s death. They have two surviving adult children, Susie and Tony. All the following transfers from Jake’s estate to Hannah are nondeductible terminable interests for federal estate tax marital deduction purposes EXCEPT:
(A) A rental property if Hannah survives Jake by 6 months.
(B) A mountain getaway cottage that passes to Susie if Hannah remarries.
(C) An income interest in a trust over which Hannah has a special power of appointment.
(D) A valuable oil painting for Hannah’s lifetime that passes to Tony at her death.
Provide an explanation for your answer. Only answer if you have a strong estate planning background.
Explanation / Answer
The unlimited marital deduction refers to the amount allowed by the federal estate-tax laws for all property passed to a surviving spouse who is a U.S.citizen. This deduction allows any individual to pass their estate to a surviving spouse without any deferral estate tax being assessed.
However, after the surviving spouse dies, it will be included in his or her taxable estate unless it has been spent. If the surviving spouse gifts the assets while living, a federal gift tax or a federal estate tax may be levied.
In the following transfers from Jake’s estate to Hannah are nondeductible terminable interests for federal estate tax marital deduction purposes EXCEPT:
A mountain getaway cottage that passes to Susie if Hannah remarries.
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