- 3 - disposition of a residence and furniture to decedent’s wife (Frances Nix), the third bequest provides for a pecuniary disposition qualifying for the marital deduction, and the fourth and final bequest provides for a disposition of the residuary estate to decedent's son. Furthermore, decedent directs his personal representative to pay debts and expenses of the estate and taxes on the estate out of assets of the estate. The marital deduction bequest provides: If she survives me for more than 30 days, I bequeath to my wife the smallest amount of the assets of my estate that qualify for the marital deduction as will result in the lowest federal estate tax being imposed upon my estate, after allowing for the unified credit, and any other credits and deductions allowable to my estate. In making the computations necessary to determine the amount of this gift and bequest, the final determination for federal estate tax purposes shall control. In the sole power and discretion of the personal representative, the payment of this amount may be made wholly or partly in cash or property as selected by the personal representative; provided, however, that all such property so selected shall be valued at the value thereof as finally determined for federal estate tax purposes in my estate; provided further, that in exercising this power and discretion, the personal representative shall first allot to this gift and bequest the more liquid and salable assets of my estate; and provided further, that in no event shall there be included in this gift and bequest any asset or the proceeds of any asset (a) which does not qualify for the marital deduction for federal estate tax purposes, or (b) with respect to which any estate or death taxes are paid to any foreign country or any of its possessions or subdivisions, or (c) with respect to which any tax credit or deduction shall be available because it shall be subject to both federal estate and federal income tax. Notwithstanding anything herein to the contrary, the personal representative, in making distributions wholly or partly in property, in order to implement this gift and bequest, shall distribute to my wife assets, including cash, fairly representative, on the date or dates of distribution, of appreciation or depreciation in the valuePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011