- 8 - maintenance, the trustee may, after surviving spouse has exhausted all assets of her own trust, invade the principal of this trust for the benefit of surviving spouse, in the trustee’s reasonable discretion. [Fn. ref. added.] Section Six of the amended trust indicates that the appropriate Superior Court of the State of California shall have jurisdiction for all purposes over the testamentary trust. Section Nine expressly reaffirms and ratifies the 1993 trust, to the extent that it was not modified or amended by the amended trust. On October 13, 1998, the estate filed a Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return with the Internal Revenue Service Center in Ogden, Utah. On the Federal estate tax return, the trustee made the election under section 2056(b)(7) for the entire trust amount.3 The taxable estate was computed as follows: Gross Estate Add: Real Estate $0 Stocks and Bonds 129,363 Mortgages, Notes, Cash 5,000 Insurance on decedent’s life 8,354 Jointly owned property 0 Other miscellaneous property 24,500 Transfers during decedent's life 554,812 Powers of Appointment 0 Annuities 458,794 3Estate did not elect out of sec. 2056(b)(7) treatment on Schedule M (Bequests, etc., to Surviving Spouse) of Form 706.Page: 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