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(50%) of the property received and an undivided separate trust
share for Vicki Ann Whiting equal to fifty percent (50%) of the
property received.”
Death of First Grantor. Upon the death of the first grantor
to die, “the Trustee shall divide the decedent’s separate share
of the trust into four (4) separate trusts.” The first trust is
the “Marital Deduction Trust” (marital deduction trust). The
second trust is the “Madge Williams Whiting Evans Trust”,
established for decedent’s mother. The third trust is the
“Courtney Brook Whiting Phaffenberger Trust”, established for
decedent’s daughter. The fourth trust is the “Non-Marital
Deduction Trust”.
The trust becomes irrevocable as to the deceased grantor’s
separate trust share immediately upon the death of the first
grantor to die. Additionally, “the surviving Grantor shall have
no right or power * * * to alter, amend, modify, revoke or
terminate this Trust Agreement * * * as to the deceased Grantor’s
separate trust share.”
2. Marital Deduction Trust
Amount of Distribution. The amount of the distribution from
decedent’s separate trust share to the marital deduction trust,
as stated in section 7.A. of the trust agreement, is as follows:
A distribution shall be made to this trust of an
amount equal to the excess, if any, of the decedent’s
taxable estate (computed without any marital deduction)
plus the amount of the decedent’s adjusted taxable
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Last modified: May 25, 2011