[WSBAPT] marital deduction and community property
sdonahue at sdonahuelaw.com
sdonahue at sdonahuelaw.com
Tue Aug 31 08:44:57 PDT 2021
Hello listserve helpers,
I am doing a probate for a man who died about 10 days after getting married.
His estate is probably over the exclusion amount, probably well over. I
need some clarification about how community property relates to the marital
deduction. With such a short term marriage, does community property even
apply to the distribution of his estate? Does the marital deduction apply?
How do the martial deduction and community property relate in this
circumstance? 95% of his residual estate goes to charity, but I would like
to be able to get the entire estate below the exclusion amount so that there
are no taxes. The charitable deduction probably won't do it since there is
quite a bit of property given to his wife-the house and condo, the airplane
and hanger and all the tangible personal property. So, will the marital
deduction/community property provisions apply? And if so, how?
Any suggestions or comments? All would be welcomed.
Thank you,
Susan
SUSAN DONAHUE
Law Office of Susan Donahue
125 West 2nd Avenue, Suite "B"
P.O. Box 81
Twisp, WA 98856
(509) 996-5944 (phone)
(509) 362-9692 (fax)
<mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com
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