- 22 - estate and State inheritance taxes. In support of that position the estate makes three arguments. The estate's first argument is that the decedent intended all of the death taxes attributable to his death to be paid from the trust and not from the residuary probate estate. The estate bases this argument on the parenthetical language in paragraph 1.02 of article I of the decedent's will (viz, "other than death taxes which are paid from property passing outside of this Will pursuant to the terms of the governing instrument") and on the broad definition of "death taxes" in paragraph 10.02 of article X, quoted above. The estate further argues that the trust agreement, which forms a part of the decedent's interrelated estate plan, confirms the decedent's intent to pay death taxes from the trust, and the trust controls the apportionment of death taxes. According to the estate, article V of the trust agreement, particularly paragraph 5.04 thereof, makes it clear that the decedent intended death taxes to be paid from the trust residual assets, after disposition of the general legacy for the charitable beneficiary. The estate's second argument is that the decedent did not provide a method of apportionment of tax that differs from the method prescribed under the North CarolinaPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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