California Probate Code CHAPTER 2 - Marital Deduction Gifts

• Section 21520.
  As used in this chapter:(a) “Marital deduction” means the federal estate tax deduction allowed for transfers under Section 2056 of the Internal Revenue Code or the...
• Section 21521.
  Sections 21524 and 21526 do not apply to a trust that qualifies for the marital deduction under Section 20.2056(e)-2(b) of the Code of Federal Regulations...
• Section 21522.
  If an instrument contains a marital deduction gift:(a) The provisions of the instrument, including any power, duty, or discretionary authority given to a fiduciary, shall be...
• Section 21523.
  (a) The Economic Recovery Tax Act of 1981 was enacted August 13, 1981. This section applies to an instrument executed before September 12, 1981 (before 30...
• Section 21524.
  If a marital deduction gift is made in trust, in addition to the other provisions of this chapter, each of the following provisions also applies...
• Section 21525.
  (a) If an instrument that makes a marital deduction gift includes a condition that the transferor’s spouse survive the transferor by a period that exceeds or...
• Section 21526.
  A fiduciary is not liable for a good faith decision to make any election, or not to make any election, referred to in Section 2056(b)(7)...

Last modified: October 22, 2018