- 33 - the renunciation relates back for all purposes to the date of death of the decedent or the donee, as the case may be. * * * * * * * (h) Nothing in this Code section shall be deemed to alter the duties or responsibilities of any fiduciary to act in the best interests of the person or persons the fiduciary represents. However, nothing contained in this Code section shall be deemed to limit the authority granted by this Code section to the fiduciary to renounce an interest in property. [Ga. Code Ann. sec. 53-2-115 (1997).] A. All Income Payable Annually We now evaluate the factual circumstances before us in light of the above-quoted statutory mandates. The first requirement specified for a qualified income interest for life is that the surviving spouse be entitled to all income from the property, payable at least annually. See sec. 2056(b)(7)(B)(ii)(I). At minimum then, no interest can qualify for QTIP treatment if any person other than the surviving spouse is entitled to income distributions during the spouse’s lifetime. The Item V trust, however, provides a mechanism by which the Lassiter children or their descendants may receive trust income while Mrs. Lassiter is living. The trustee is authorized to make such distributions for the children’s support and education. Unless properly disclaimed, these interests will be fatal to the marital deduction.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011