- 17 - spouse”. The parties in this case disagree as to the proportion of the California real estate contained in decedent’s residuary estate which should be considered to have passed from him to his surviving spouse for purposes of the section 2056 deduction, and we note that this appears to be a matter of first impression. Following execution of a distribution agreement by decedent’s residuary beneficiaries and in accordance with an order by the California Superior Court, decedent’s wife received decedent’s one-half interest in both the Monte Vista property and the Calle Victoria property. Regulations promulgated under section 2056 provide as follows with regard to will contests and other assignments or surrenders of property in the context of the marital deduction: If as a result of the controversy involving the decedent’s will, or involving any bequest or devise thereunder, a property interest is assigned or surrendered to the surviving spouse, the interest so acquired will be regarded as having “passed from the decedent to his surviving spouse” only if the assignment or surrender was a bona fide recognition of enforceable rights of the surviving spouse in the decedent’s estate. Such a bona fide recognition will be presumed where the assignment or surrender was pursuant to a decision of a local court upon the merits in an adversary proceeding following a genuine and active contest. However, such a decree will be accepted only to the extent that the court passed upon the facts upon which deductibility of the property interests depends. If the assignment or surrender was pursuant to a decree rendered by consent, or pursuant to an agreement not to contest the will or not to probate the will, it will not necessarily be accepted as a bona fide evaluation of the rights of the spouse. [Sec. 20.2056(c)-2(d)(2), Estate Tax Regs.]Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011