- 3 - Decedent’s spouse, Sarah Katz, was named executrix of the estate and likewise resided in New Jersey at the time the petition in this case was filed. On February 8, 1991, decedent executed a Last Will and Testament (decedent’s will). On November 23, 1998, decedent’s will was admitted to probate by the Surrogate of Essex County, New Jersey. Decedent’s will provides, in relevant part: THIRD: (A) If my wife, SARAH KATZ, shall survive me, I give, devise and bequeath to my trustees, IN TRUST, NEVERTHELESS, a legacy in an amount equal to the aggregate federal estate tax exemption equivalent, as hereinafter defined, in effect at my death. This amount shall not be reduced on account of any disclaimer by my wife. As used in this will, the term “aggregate federal estate tax exemption equivalent” refers to the maximum amount of property subject to federal estate tax that can be transferred at my death without incurring any federal estate tax (without regard to property that qualifies for the federal estate tax marital or charitable deductions), as a result of all credits against federal gift and estate taxes available to my estate at my death, diminished by the value of all other property which shall be included in my gross estate for federal estate tax purposes and which passes or has passed to any person (other than property passing to my wife or any charitable beneficiary in a manner that qualifies for the federal estate tax marital or charitable deductions), either under any other provisions of this will or in any other manner. For the purposes of this definition, if the use of all credits against federal gift and estate taxes available to my estate would increase the amount of any tax payable to any state on account of my death, then I direct that such credits be used only to the extent they do not increase such state death taxes. * * * * * * * * * *Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011