Estate of Robert H. Lurie, Deceased, Ann Lurie, Executor - Page 17

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                    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 would            







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