- 17 - a. Equitable Apportionment Under Illinois Law Illinois has no statute specifying who bears the burden of Federal estate taxes. Thus, application of equitable apportionment of estate tax is governed by caselaw. Estate of Maierhofer v. Maierhofer, 767 N.E.2d 850, 852 (Ill. App. Ct. 2002); Landmark Trust Co. v. Aitken, supra at 1082; In re Estate of Fry, supra at 111. Under Illinois law, if equitable apportionment applies, estate tax liability is borne only by property included in the taxable estate. See In re Estate of Gowling, 411 N.E.2d at 269; Roe v. Estate of Farrell, 372 N.E.2d at 665. If equitable apportionment applies in this case, the marital deduction would not be reduced because the Federal estate tax would be payable from the notice trusts; i.e., property that would not otherwise pass to the surviving spouse. b. Equitable Apportionment Does Not Apply Because Decedent’s Trust Instrument Clearly Provided That Federal Estate Tax Is Payable From the Marital Trust Under Illinois law, equitable apportionment applies if the decedent provided no direction about payment of Federal estate tax. In re Estate of Gowling, 411 N.E.2d at 269; Roe v. Estate of Farrell, supra at 665. Decedent’s trust instrument clearly provides that if there are not enough assets in the residue of the probate estate to pay the Federal estate tax, that tax is payable from the revocable trust; i.e., out of assets that wouldPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011