- 4 - from property passing outside of this Will pursuant to the terms of the governing instrument) shall be paid out of my Residuary Estate as an administration expense and shall not be charged against or recovered from any recipient or beneficiary of the property taxed, except that my Executor shall recover as provided by law any death tax attributable to property over which I have a power of appointment or in which I have qualifying income interest for life to the extent that any death tax recoverable by law is not otherwise paid out of such property. 1.03 PAYMENT OF DEBTS, EXPENSES AND DEATH TAXES OUT OF TRUST IF RESIDUARY ESTATE INSUFFICIENT. If my Residuary Estate is insufficient, either in whole or in part, to pay all of my legal debts, health care expenses, funeral expenses, the administration expenses of my estate and the death taxes payable out of my Residuary Estate, my Executor shall certify to the Trustee acting under the Trust Agreement referred to in Article III, the amount of the insufficiency, which amount shall be paid out of the property of the trust as provided in that instrument. The decedent's will defines the term "death taxes" as follows: ARTICLE X DEFINITIONS * * * * * * * 10.02 "DEATH TAXES." The term "death taxes" means inheritance, estate, supplemental estate, generation-skipping, transfer and succession taxes, and any interest and penalties on these taxes, imposed by reason of my death by any jurisdiction with respect to property passing under or outside of the provisions of this Will or any codicil to it which is includible in my estate for the purpose of determining such tax, including, but not limited to, any tax on property includible under section 2041 (relating to life insurance proceeds), section 2042Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011