- 5 - (1973), affd. 506 F.2d 1144 (10th Cir. 1974); Thompson v. Thompson, 149 Tex. 632, 236 S.W.2d 779, 789 (1951). Accordingly, interpretation of decedent's will regarding payment of estate tax is governed by Texas law. In 1987, the Texas legislature enacted Texas Probate Code section 322A, which provided for the apportionment of estate and inheritance taxes for Texas residents. That statute was amended in 1991. The amended statute became effective on September 1, 1991, and applied to the estates of decedents who died on or after that date. This statute provides, in pertinent part, as follows: (b)(1) The representative shall charge each person interested in the estate a portion of the total estate tax assessed against the estate. The portion of each estate tax that is charged to each person interested in the estate must represent the same ratio as the taxable value of that person's interest in the estate included in determining the amount of the tax bears to the total taxable value of all the interests of all persons interested in the estate included in determining the amount of the tax. * * * (2) Subdivision (1) of this subsection does not apply to the extent the decedent in a written inter vivos or testamentary instrument disposing of or creating an interest in property specifically directs the manner of apportionment of estate tax * * *. * * * * * * * [4](c) Any deduction * * * allowed by law in connection with the estate tax inures to a person interested in the estate as provided by Subsections (d)-(f) of this section.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011