§ 11.98.230. Beneficiary trustee -- Income under marital deduction -- Spousal power of appointment
Notwithstanding any provision of RCW 11.98.200 through 11.98.240 seemingly to the contrary, RCW 11.98.200 through 11.98.240 do not limit or restrict the distribution of income of a trust that qualifies or that otherwise could have qualified for the marital deduction under section 2056 or 2523 of the Internal Revenue Code, those Internal Revenue Code sections requiring that all income be distributed to the spouse of the decedent or of the trustor at least annually, whether or not an election was in fact made under section 2056(b)(7) or 2523(f) of the Internal Revenue Code. Further, RCW 11.98.200 through 11.98.240 do not limit or restrict the power of a spouse of the trustor or the spouse of the decedent to exercise a power of appointment described in section 2056(b)(5) or 2523(e) of the Internal Revenue Code with respect to that portion of the trust that could otherwise qualify for the marital deduction under either of those Internal Revenue Code sections.
[1993 c 339 § 5.]
Notes:
Severability -- 1993 c 339: See note following RCW 11.98.200.
Sections: Previous 11.98.100 11.98.110 11.98.130 11.98.140 11.98.150 11.98.160 11.98.170 11.98.200 11.98.210 11.98.220 11.98.230 11.98.240 11.98.900 11.98.910 11.98.920 Next
Last modified: April 7, 2009