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For an estate to qualify for the marital deduction, the interest passing to the surviving spouse must be a nonterminable interest.
Practitioners should know about the marital deduction and how to use different types of trusts in estate planning
2523 generally allows an unlimited marital deduction for gifts to spouses as long as the spouse is a U.S.
Recent developments in estate planning
A direct gift to a spouse of an annuity contract in which no one else has an interest qualifies for the gift tax marital deduction. The interest of a donee spouse in a joint and survivor annuity in which only the donor and donee spouses have a right to receive payments during such spouses' joint lifetimes is treated as a "qualifying income interest for life" for which the marital deduction is available unless the donor spouse irrevocably elects otherwise within the time allowed for filing a gift tax return.
What Are Gift Tax Issues With Annuities?
If the tax return is for a married couple and they are married tiling separate, determine if there are also separate property considerations that can affect the marital deduction. If, for example, the couple has a prenuptial agreement, it's possible that the less wealthy spouse might waste sonic of their lifetime exemption.
Taxing thoughts: this is the time to discuss estate planning with your clients
In its petition filed with the Tax Court, the estate argued that the marital deduction for the 51 percent bequest to the surviving spouse should be increased by a control premium of 38.1 percent.
Disappearing and reappearing value on a two-way street: the reverse Chenoweth situation
Where the survivor is the deceased annuitant's spouse, the value of the survivor's annuity will qualify for the marital deduction if the contract satisfies the conditions discussed at Q 663.
Annuities and living proceeds
Probably the most severe consequence of the Illinois estate tax decoupling from the federal estate tax is the unavailability of the marital deduction for transfers to a qualified terminable interest property trust ("QTIP") for Illinois estate tax purposes only.
Illinois estate tax planning in 2009 and beyond: for persons dying in 2009 and later, the Illinois estate tax is further decoupled from (but still tethered to) the federal estate tax. Estate plans should now provide the flexibility to deal with this dilemma. This article discusses the options and makes the case for an Illinois QTIP
creation of the marital deduction. From 1948 to 1981 (with a slight
Transfer tax reform after EGTRRA-2001: reconstruction or further deconstruction?
Certain trusts and nuptial agreements can be used to protect a individual's estate without disinheriting a spouse in ways that can preserve the marital deduction.
Property rights of a disinherited spouse
To prevent a surviving spouse from deferring tax on assets of the deceased spouse and then avoiding the estate tax, Congress instituted IRC Section 2056(d), imposing the estate tax on any transfer to the surviving non-citizen spouse that would otherwise pass to such spouse's estate tax-free via the marital deduction.
Estate planning and the non-citizen spouse
Property that passes by operation of law cannot qualify for the marital deduction.
The Dion case: an estate planning mini case
If all three tests are met, the interest will not qualify for the marital deduction.
Chapter 23: Estate taxation of life insurance

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