Estate of Charles Baxter Southern, Sr., Deceased, First American Trust Company, N.A., Co-Executor - Page 5

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               Under the will, the marital share funds the marital trust              
          and is "hereinafter defined."  The nonmarital share is the                  
          balance of the residuary estate after deducting the marital                 
          share.  The nonmarital share is allocated "as hereinafter                   
          provided."                                                                  
               The second paragraph of item III defines the marital share.            
          It provides:                                                                
                    The marital share shall be an amount equal to the                 
               value of my residuary estate, reduced by the largest                   
               amount which, when added to the amount of any adjusted                 
               taxable gifts made by me during my lifetime, will be                   
               subject to federal estate tax under section 2001 of the                
               Internal Revenue Code of 1986, or any successor                        
               provision, at a marginal rate of less than 50%.                        
          To calculate the marital share, we start with the residuary                 
          estate, as provided under the first paragraph of item III.  Next            
          we must calculate the largest amount (LA), which, when added to             
          lifetime gifts (LG), will be taxed at a marginal rate of less               
          than 50 percent.  To tax the sum of the largest amount and the              
          lifetime gifts at a marginal rate of less then 50 percent, we               
          must consider the entire taxable estate.  The entire taxable                
          estate consists of the nonmarital share, as hereinafter                     
          determined, the lifetime gifts, and the bequests to the                     
          grandchildren (BG).3                                                        



               3  The specific bequests to the spouse would not be part of            
          the taxable estate as those bequests qualify for the marital                
          deduction.                                                                  




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Last modified: May 25, 2011